DOCUMENT  JVo.  9. 


BOARD  OF  ALDERMEN, 

APRIL  27,  1867. 


The  following  Acts,  passed  by  the  Legislature  of  the  State, 
relative  to  this  city,  were  received,  laid  on  the  table, 
and  ordered  to  be  printed. 

D.  T.  VALENTINE,  Clerk, 


AN  ACT 

TO  REDUCE   THE  SEVERAL  ACTS  RELATING  TO  THE  DISTRICT 
COURTS  IN  THE  CITY  OF  NEW  YORK  INTO  ONE  ACT. 

Paseefd  April  18,  1857,  three-fifths  being  present. 

The  People  of  the  Slate  of  JVcw  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

§  1.  The  city  of  New  York  is  divided  into  seven  judi- 
cial districts,  in  which  there  shall  continue  courts  de- 
nomiuated  district  courts  of  the  first,  second,  third,  fourth, 
iifth,  sixth  and  seventh  districts  of  that  city,  respectively. 

§  2.  The  districts  mentioned  in  the  first  section  of  this 
act.  are  as  follows: 

1.  The  first  district  embraces  the  First,  Second, 
Third  and  Fifth  Wards. 


Doc.  No.  9.)     A/«/1  2 

2.  The  second  district  embraces  the  Fourth,  Sixth 
and  Fourteenth  W ards. 

3.  The  third  district  embraces  the  Eighth  and 
Ninth  Wards. 

4.  The  fourth  district  embraces  the  Tenth,  Fifteenth 
and  Seventeenth  Wards. 

5.  The  fifth  district  embraces  the  Seventh,  Elev- 
enth and  Thirteenth  Wards. 

6.  The  sixth  district  embraces  the  Sixteenth,  Eigh- 
teenth, Twentieth  and  Twenty-first  Wards. 

7.  The  seventh  district  embraces  the  Twelfth,  Nine- 
teenth and  Twenty-second  Wards. 

§  3.  These  courts  have  jurisdiction  in  the  following 
actions: 

1.  In  actions  similar  to  those  as  provided  loy  sec- 
tions fifty-three  and  fifty-four  of  the  code  of  proce- 
dure, where  the  sum  recovered  shall  not  exceed  two 
hundred  and  fifty  dollars,  notwithstanding  tlie  ac- 
counts of  both  parties  may  exceed  four  hundred  dol- 
lars. 

2.  In  an  action  upon  the  charter,  ordinance  or  by- 
law of  the  corporation  of  the  city  of  New  York,  or  a 
statute  of  this  state,  where  the  penalty  shall  exceed 
two  hundred  and  fifty  dollars- 

3.  In  any  action  commenced  in  pursuance  of  this 
section,  where  the  claim  or  demand  shall  exceed  the 
sura  of  one  hundred  dollars,  upon  the  application  of 
the  defendant,  the  justice  shall  make  an  order  remov- 
ing the  same,  at  any  time  after  issue  joined,  and  be- 
fore the  trial  of  the  same,  into  the  Court  of  Common 


8 


(Doc.  No.  9. 


Pleas,  in  and  for  the  city  and  county  of  New  York, 
upon  the  defendant  executing  to  the  plaintiff  an  un- 
dertakinf?  with  one  or  more  sufficient  sureties,  to  bo 
approved  of  by  the  justice  of  the  court  in  which  such 
action  is  commenced,  to  pay  to  the  plaintiff  the  amount 
of  any  judgment  that  may  be  awarded  against  the  de- 
fendant by  the  said  Court  of  Common  Pleas. 

§4.  An  action  of  which  these  courts  have  jurisdiction 
must  be  brought, 

1.  In  a  court  held  in  the  district  in  which  eit'ier 
the  plaintiff  or  defendant,  or  one  of  the  plaintiffs  or 
one  of  the  defendants  resides,  unless  all  the  plaintiffs 
or  all  the  defendants  reside  out  of  the  city  of  New 
York,  in  which  case  the  action  may  be  brought  in 
either  of  the  said  districts.  If  the  justice  be  either  a 
party  to  the  action,  or  a  necessary  witness  therein,  or 
otherwise  disqualified  from  trying  the  same,  or  tliere 
be  a  vacancy  in  the  office  of  justice  in  that  district,  it 
may  be  commenced  in  any  district,  except  the  one  in 
"^hich  such  justice  holds  the  court, 

2.  If  the  defendants  be  a  corporation  created  by 
law,  in  a  court  held  in  the  district  in  which  the  plain- 
tiffs, or  either  of  them,  reside,  or  in  which  it  transacts 
its  general  business,  or  keeps  an  office,  or  has  an 
agency  established  for  the  transaction  of  business,  or 
is  established  by  law,  except  the  Corporation  of  the 
city  of  New  York,  which  may  sue  or  be  sued  in  either 
of  said  districts. 


§  5,  There  is  a  justice  of  each  of  these  courts  elected  by 
the  electors  of  the  district  in  whicli  it  is  established,  under 
a  special  statute  of  this  state,  and  vacancies  arc  filled 


Doc.  No.  9, 


4 


under  like  statutes;  tie  must  be  a  resident  of  the  city  and 
county  of  New  York,  and  must  be,  at  the  time  of  his  elec- 
tion, of  the  deojree  of  a  counselor  at  law  of  the  Supreme 
Court  of  this  state;  but  the  latter  qualification  shall  not 
apply  to  the  justices  now  in  office,  during  their  present 
term  of  office. 

§  6.  The  justice  elected  in  each  district  must  hold  the 
court  therein,  or,  if  his  office  be  vacant,  or  if  he  be  absent 
from  the  usual  place  of  holding  his  court,  or  unable  from 
illness  to  hold  the  same,  it  may  be  held  by  a  justice  elected 
in  another  district;  and  whenever  the  justice  fails  to  at- 
tend, the  clerk  may  adjourn,  in  the  same  manner,  as  the 
justice  might  have  done. 

§7.  These  courts  must  be  held  at  the  places  in  their 
respective  districts  now  or  hereafter  appointed  by  the 
Corporation  of  the  city  of  New  York,  (except  the  court  in 
the  first  district,  which  shall  be  held  therein,  or  may  be 
held  in  such  rooms  as  may  be  provided  therefor  by  said 
corporation,  in  the  Park  of  said  city;  and  when  so  pro- 
vided, shall  be  deemed  within  the  first  district  for  the  pur- 
poses of  this  act,)  at  such  hours  in  every  judicial  day,  or 
as  often  as  the  respective  justices  may  direct,  and  must 
continue  in  session  as  long  as  the  public  interest  requires. 

§  8.  These  courts  have  official  seals  furnished,  at  the  ex- 
pense of  the  city  of  New  York,  on  which  are  engraved  the 
arms  of  the  state  of  New  York,  and  the  words  "first  dis- 
trict court,"  (or  whatever  district  it  may  be,)  New  York 
city;''  but  nothing  herein  contained  shall  authorize  such 
courts  to  issue  certificates  of  naturalization. 

§  9  Parties  in  these  courts  may  prosecute  or  defend  in 


5 


(Doc.  No.  9. 


person,  or  by  agent  or  attorney,  except  that  the  constable 
who  served  the  summons,  warrant,  attachment  or  jury  pro- 
cess cannot  appear  and  act  on  the  trial  on  behalf  of  either 
party; 

§  10.  Actions  in  district  courts  are  commenced  by  sum- 
mons, warrant  or  attachment,  or  by  voluntary  appearance 
in  person,  and  pleading  without  summons,  warrant  or  at- 
tachment; in  tlie  latter  case  the  action  is  deemed  com- 
menced at  the  time  of  appearance  and  pleading. 

§  11.  When  a  guardian  is  necessary  he  must  be  ap- 
pointed by  the  justice  as  follows: 

1.  If  the  infant  be  plaintiff,  the  appointment  must 
be  made  before  the  summons,  warrant  or  attachment 
is  issued  upon  the  application  of  the  infant,  if  he  be 
of  the  age  of  fourteen  years  or  upward,  if  under  that 
age,  upon  the  application  of  some  relative  or  friend. 
The  consent  in  writing  of  the  guardian  to  be  ap- 
pointed, and  to  be  responsible  for  costs  if  he  fail  in 
the  action,  must  be  first  filed  with  the  clerk  of  the 
court. 

^  2.  If  the  infant  be  defendant,  the  guardian  must  be 
appointed  at  the  time  the  summons  is  returned  per- 
sonally served,  or  before  the  pleadings.  It  is  the 
right  of  the  infant  to  nominate  his  own  guardian,  if 
the  infant  be  over  fourteen  years  of  age,  and  the  pro- 
posed guardian  be  present,  and  consent  in  writing  to 
be  appointed,  otherwise  the  justice  may  appoint  any 
suitable  person  who  gives  such  consent. 

§  12.  The  summons  must  be  addressed  to  the  defendant 
by  name,  or,  it  his  name  be  unknown,  by  a  fictitious  name, 
and  must  summon  him  to  appear  before  the  justice  in  the 


Doc.  No.  9.) 


court  at  the  court  room  thereof,  and  at  the  time  specified 
therein,  to  answer  the  complaint  of  the  plaintiff,  and  must 
state  the  amount  for  which  the  plaintiff  will  take  judg- 
ment. If  the  defendant  fail  to  appear  and  answer,  it 
must  be  subscribed  by  the  clerk  of  the  court  out  of  which 
the  same  is  issued,  or  by  his  deputy,  in  the  name  of  such 
clerk. 

§  13.  The  time  mentioned  in  the  sunnnons  for  the  ap- 
pearance of  the  defendant,  and  the  time  of  service  must 
be  as  follows: 

1.  Where  the  defendant  is  not  a  resident  of  the 
city,  or  where  the  plaintiff  is  not  a  resident,  and 
gives  the  security  required  by  the  twenty-third  sec- 
tion of  this  act,  it  must  be  returnable  in  not  less  than 
two,  nor  more  than  four  days  from  its  date,  and  must 
be  served  at  least  two  days  before  the  time  for  ap- 
pearance mentioned  therein. 

2.  In  all  other  cases  it  must  be  returnable  not 
moic  than  twelve  days  from  its  date,  and  must  be 
served  at  least  six  days  before  the  time  of  appear- 
ance. 

m 

§  14.  The  summons  must  be  served  by  a  constable  of  the 
city  of  New  York,  or  by  a  person  not  interested  in  the 
cause,  as  follows: 

1.  If  an  action  be  against  a  corporation,  by  delivery 
of  a  copy  to  the  president  or  other  head  of  the  cor- 
poration, or  to  the  secretary,  cashier  or  managing 
agent  thereof,  or  when  no  such  officer  resides  in  the 
city,  to  a  director  resident  therein. 

2.  If  against  a  minor,  under  the  age  of  fourteen 


7  (  Hoc.  No. 

years,  by  delivery  ol  a  copy  to  such  minor,  and  also 
to  bis  father,  mother  or  guardian,  or  if  they  be  not 
within  the  city,  then  to  any  person  havin^r  th(;  care  or 
control  of  such  minor,  or  with  whom  ho  resides,  or  in 
wliosc  service  he  is. 

3.  If  against  a  jierson  judicially  f!e(dared  to  be  of 
unsound  mind,  or  incapable  of  conducting  his  own 
afi'airs,  in  consequence  of  lialdtual  druid^enness,  or 
for  any  other  cause,  and  for  whom  a  C(tmmittce  has 
been  appointed',  by  delivery  of  a  copy  to  such  com- 
mittee, and  to  the  defendant  personally 

4.  In  all  other  ca>es  to  the  defendant  personally. 

§  1;').  Ill  any  action  arising  on  contract,  for  the  recovery 
of  money  only,  either  expressed  or  imj)lied,  or  on  an  ac- 
count, the  constable  or  person  serving  the  summons, 
warrant  or  attachment,  may  serve  therewith  and  in  like 
mannei',  a  copy  of  the  complaint,  together  with  a  copy 
of  such  contract,  or  a  statement  of  the  amount  due 
thereon,  or  a  copy  of  said  account  and  notice  that  the 
plaintiff  will  take  judgment  for  the  sum  specified  therein; 
in  such  case,  unless  the  defendant  in  his  answer,  specifi- 
cally deny  the  same,  he  is  to  be  deemed  to  have  admitted 
it,  and  the  court  is  authorized  to  enter  judgment  therefor, 
without  further  proof.  When  a  copy  of  the  complaint  is 
served,  as  specified  in  this  section,  the  original  complaint, 
and  the  answer  thereto  must  be  verified  by  the  oath  of 
the  party  pleading,  or  if  he  be  not  present,  by  the  oath  of 
his  agent  or  attorney,  to  the  effect  that  he  believes  it  to 
be  true;  the  verification  must  be  in  writing,  except  when 
the  answer  is  oral,  in  that  case  the  verification  may  be 
oral.  Where  the  service  of  the  summons,  or  the  summons 


Doc.  No.  iJ  ) 


8 


and  of  the  copy  of  the  complaint  accompanying  the  same, 
shall  be  made  by  any  other  person  than  a  constable,  it 
shall  be  necessary  for  such  person  to  state  in  his  affidavit 
of  service,  when  and  at  what  particular  place,  and  the 
manner  he  served  the  same,  and  that  he  knew  the  person 
served  to  be  the  person  mentioned  and  described  in  the 
summons  as  defendant  therein,  which  affidavit  must  be 
filed  in  the  cause  before  a  judgment  by  default  for  not 
answering  shall  be  entered  therein;  when  a  copy  of  the 
complaint  is  served,  by  a  constable,  his  certificate  shall  be 
presumptive  evidence  thereof. 

§  16.  A  warrant  to  arrest  the  defendant  may  be  issued, 
directed  to  any  constable  of  the  said  city,  in  the  following 
cases. 

1.  In  any  action  for  the  recovery  of  damages,  in  a 
cause  of  action  not  arising  on  contract,  when  the  de- 
fendant is  not  a  resident  of  the  county,  or  is  about  to 
remove  therefrom,  or  when  the  action  is  for  a  wilful 
injury  to  person  or  property. 

2.  In  an  action  for  a  fine  or  penalty,  or  for  money 
or  property  embezzled  or  wrongfully  misapplied,  or 
converted  to  his  own  use  by  a  public  officer,  or  an 
officer  of  a  corporation,  or  an  attorney,  factor,  bro- 
ker, agent  or  clerk,  in  the  course  of  his  employment 
as  such,  or  by^ny  other  person  acting  in  a  fiduciary 
capacity. 

3.  Where  the  defendant  has  been  guilty  of  a  fraud 
in  contracting  the  debt,  or  incurring  the  obligation 
for  which  the  action  is  brought,  or  in  concealing  or 
disposing  of  the  property,  for  the  taking,  detention 
or  conversion  of  which  the  action  is  brought. 


9 


(Doc.  No.  9. 


4.  Wlicu  the  defendant  has  removed,  concealed  or 
disposed  of  his  property,  or  is  about  to  do  so,  with 
intent  to  defraud  his  creditors. 

5.  When  an  arrest  is  autliorized  by  special  statute, 
in  an  action  for  a  fine  or  penalty  or  for  a  wilful  vio- 
lation of  duty. 

(5.  When  the  action  is  lor  the  recovery  of  a  fine  or 
penalty  under  the  ordiuariccs  or  by-laws  of  the  Cor- 
poration of  the  city  of  New  York;  but  no  female  can 
be  arrested,  except  for  a  wilful  injury  to  person  or 
property. 

§  17.  The  defendant,  immediately  upon  bein.i^  arrested, 
must  be  taken  to  the  usual  court  room  of  the  court  out  of 
which  the  warrant  is  issued,  unless  he  gives  the  security 
specified  in  section  nineteen  of  this  act;  and  if  the  justice 
thereof  be  absent,  or  undble  to  try  the  action,  or  if  it  be 
made  to  appear  lo  the  satisfaction  of  such  justice  by  the 
affidavit  of  the  defendant  that  he  is  a  material  witness  in 
the  action,  the  constable  must  immediately  take  the  de- 
fendant before  the  justice  of  the  next  district  court,  who 
must  take  cognizance  of  the  action,  and  proceed  therein, 
the  same  as  if  the  warrant  had  been  issued  out  of  the 
latter  court. 

§  IS.  The  constable  makini^-  the  arrest  must  immediately 
give  notice  thereof  to  the  plaintiff,  and  indorse  on  the 
warrant,  and  subscribe  a  certificate,  stating  the  time  of 
serving  the  same,  and  of  his  giving  notice  to  the  plaintiff. 

§  19.  The  constable  making  the  arrest,  or  another  con- 
stable, by  direction  of  the  justice,  must  keep  the  defendant 
in  custody,  unless  he  shall  give  the  security  for  his  appear- 
ance, in  case  the  court  is  not  sitting,  as  provided  by  sec- 


Doc.  No.  9. 


10 


tion  OLe .  hundred  and  eighteen  of  the  act  entitled An 
act  to  reduce  the  several  laws  relating  particularly  to  the 
city  of  New  York,  into  one  act,"  passed  April  9,  eighteen 
hundred  and  thirteen,  which  section  shall  be  deemed^a 
part  of  this  section  —  or  until  he  is  duly  discharged  by 
order  of  this  court;  but  in  no  case  can  such  detention 
exceed  forty-eight  hours  from  the  time  of  his  first  being 
brought  before  the  justice,  unless  within  that  time  the 
trial  of  the  action  be  commenced,  or  unless  it  be  delayed 
at  the  request  of  the  defendant,  or  in  consequence  of  his 
demand  for  a  jury  trial.  If  the  trial  of  the  action  be  de- 
layed ac  the  request  of  the  defendant,  or  in  consequence 
of  his  demanding  a  trial  by  jury,  he  must  file  with  the 
court  the  undertaking  required  by  section  twenty-six  of 
this  act,  before  such  delay  is  granted  to  him. . 

§  20.  All  laws  in 'relation  to  the  issuing  of  attachments 
by  justices  of  the  peace,  when  the  debt  or  damages  claimed 
do  not  exceed  two  hundred  and  fifty  dollars,  and  of  the 
service  thereof,  shall  apply  to  these  courts,  except  when 
the  same  may  be  inconsistent  with  this  act;  and  also,  ex- 
cept that  such  attachment  shall  be  signed  by  the  clerk, 
or  his  deputy  in  the  name  of  such  clerk,  with  the  allow- 
ances thereof  indorsed  thereon,  signed  by  the  justice. 

§  21.  Before  a  warrant  or  attachment  shall  issue,  the 
party  applying  must  prove  to  the  satisfaction  of  the  jus- 
tice, by  the  affidavit  of  himself  or  some  other  person,  the 
facts  on  which  the  application  is  founded,  and  the  aniount 
of  his  debt  or  claim  over  all  payment  and  set-offs.  The 
plaintiff  must  also  execute  and  deliver  to  the  clerk  of  the 
court  a  written  undertaking,  approved  by  the  justice,  with 
such  approval  indorsed  thereon,  with  or  without  sureties, 


11 


(Doc.  No.  9 


to  the  effect  that  if  the  defendant  recovcied  judp^mcnt,  the 
plaintiff  will  pay  to  him  all  costs  and  extra  costs  tliat  may 
be  awarded  to  the  defendant,  and  all  damages  which  he 
may  sustain  by  reason  of  the  arrest,  not  exceeding'  the 
sum  specified  in  the  undertaking,  which  jnust  be  double 
the  amount  claimed;  if  the  undertaking  be  executed  by 
the  plaintiff' without  security,  he  must  annex  thereto  an 
aflidavit  that  he  is  a  resident  lioiiseholder  in  the  tlic  city 
ofNev/  York,  and  worth  double  the  sum  specified  in  the 
undertaking,  as  well  as  over  and  above  all  his  debts  and 
liabilities,  as  of  his  property  exemj)t  by  law  from  execu- 
tion; but  the  proof  and  security  required  by  this  section 
shall  not  be  necessary  where  the  warrant  is  issued  for  the 
violation  of  a  by-law  or  ordinance  of  the  Corporation  of 
the  city  of  New  York,  or  for  the  recovery  of  a  penalty  or 
a  forfeiture  under  the  statutes  of  this  state  whei-e  the 
Corporation  of  the  city  of  New  Y^ork  or  the  people  of 
the  State  of  Nesv  York  are  plaintiffs. 

§  22.  The  summons,  warrants  and  attachments  issued 
out  of  these  courts,  shall  not  be  served  out  of  the  city  and 
county  of  New  York,  and  the  action  shall  be  deemed  com- 
menced at  the  timer  such  summons,  warrant  or  attachment 
is  actually  delivered  for  service,  if  the  constable  or  other 
person  having  the  summons  to  serve  cannot  find  the  de- 
fendant so  as  to  serve  him  therewith  as  required  by  this 
act,  he  must  so  return,  and  the  clerk  shall,  at  the  request 
of  tl>e  plaintiff,  continue  from  time  to  time  to  issue  others, 
until  the  defendant  is  served. 

§  23.  Plaintiffs  not  lesiding  in  the  city  and  county  of 
New  York  shall,  betorc  the  issuing  of  the  short  summons, 
as  provided  in  subdivision  one  of  section  thirteen  of  this 


Doc.  No.  9.) 


12 


act,  file,  with  the  clerk  of  the  court  a  written  undertaking, 
executed  by  one  or  more  sureties,  to  the  effect  that  if  the 
defendant  recover  judgment,  he  will  pay  him  all  costs  and 
extra  costs  that  may  be  awarded  him,  not  exceeding  one 
hundred  dollars.  If  the  defendant  shall  recover  judgment 
in  such  case,  and  the  execution  be  returned  unsatisfied,  in 
whole  or  in  part,  the  clerk  shall  deliver  to  the  defendant 
such  undertaking,  to  be  prosecuted  according  to  law, 

§  24.  The  pleading  must  take  place  at  the  time  the 
summons,  warrant  or  attachment  is  returned  served,  or  at 
such  other  time  as  the  justice  may  direct.  The  court  may 
at  the  time  of  pleading,  or  at  any  other  time  before  the 
trial,  require  the  plaintiff  or  defendant  to  exhibit  to  the 
inspection  of  the  adverse  party,  with  liberty  to  copy  the 
same,  any  writing  or  account  declared  on  or  set  up  in  the 
way  of  off-set  or  counter  claim,  or,  if  not  so  exhibited,  may 
prohibit  its  afterward  being  given  in  evidence. 

§  25.  The  trial  of  the  action  may  be  adjourned  by  the 
court,  or  on  the  application  of  cither  party,  for  a  period 
not  exceeding  eight  days  at  any  one  adjournment,  unless 
the  defendant  is  under  arrest,  in  which  case  it  shall  not 
be  adjourned  to  exceed  forty-eight  hours,  except  by  con- 
sent of  the  defendant;  an  adjournment  for  more  than 
forty-eight  hours  in  such  cases,  except  on  application  of 
the  defendant,  or  by  his  consent,  discharges  the  defendant 
from  custody;  but  the  action  may  proceed,  notwithstand- 
ing such  discharge,  and  the  defendant  shall  be  subject  to 
arrest  on  the  execution  in  the  same  manner  as  if  he  had 
not  been  so  discharged.  The  trial  may  be  adjourned  for 
a  longer  period  by  consent,  or  where  neither  party  objects 
to  the  same. 


18 


(Doc  No.  9 


§  26.  If  the  application  for  the  adjournment  of  the  trial 
be  on  the  part  of  the  defendant  under  arrest,  before  it  can 
be  granted  he  must  execute  an  undertaking,  with  one  or 
more  sufficient  sureties,  to  be  approved  by  the  justice, 
which  approval  must  be  indorsed  on  the  undertaking,  to 
the  effect  that  Tie  will  appear  on  the  adjourned  day,  and 
not  depart  until  duly  discharged  according  to  law,  or 
until  after  the  trial  and  judgment,  and  that  he  will  sur- 
render himself  into  custody  if  any  execution  be  issued 
upon  the  judgment,  when  obtained  against  him,  in  the 
action. 

§  27.  An  adjournment  may  be  had  either  at  the  joining 
of  issue,  or  at  any  subsequent  time  to  which  the  cause 
may  stand  adjourned  on  application  of  either  party,  for 
a  period  longer  than  eight  days,  but  not  to  exceed  ninety 
days  from  the  return  of  the  summons  or  attachment,  upon 
executiug  an  undertaking,  in  writing,  with  one  or  more 
sufficient  sureties,  to  the  effect  that  he  will  pay  to  the 
plaintiff'  or  defendant  the  damages,  costs  and  extra  costs, 
in  case  judgment  shall  be  rendered  against  him  in  the 
action,  upon  proof  by  the  oath  of  the  party  or  otherwise, 
to  the  satisfaction  of  the  justice,  that  such  party  cannot 
be  ready  for  trial  before  the  time  to  wiiich  he  desires  an 
adjournment,  for  the  want  of  material  evidence,  describ- 
ing it,  that  the  delay  has  not  been  made  necessary  by  any 
act  or  neglect  on  his  part  since  the  action  was  commenc- 
ed; and  that  he  expects  to  procure  the  evidence  at  the 
time  stated  by  him. 

§  28.  The  justice  may  impose  upon  the  party  applying 
for  an  adjournment,  such  conditions  as  to  him  may  seem 
reasonable. 


Doc.  No.  9.) 


14 


§  29.  If  the  plaintiff  fail  to  appear  at  the  return  of  the 
summons,  warrant  or  attachment,  and  make  his  com- 
plaint, the  action  must  be  dismissed. 

§  30.  The  courts  may  issue  commissions  to  take  the 
testimony  of  witnesses  residing  out  of  the^ity  and  county 
of  New  York,  to  be  read  on  the  trial  of  actions  therein, 
in  the  same  manner  as  justices  of  the  peace  now  by  law 
are  authorized  to  do,  which  power  and  authority  is  hereby 
extended  so  as  to  authorize  the  issuing  of  commissions  to 
take  the  testimony  of  witnesses  residing  out  of  this  state. 

§  31.  Whenever  any  action  pending  in  either  of  said 
courts  shall  be  commenced  by  the  actual  service  of  pro- 
cess, or  when  the  defendant  shall  have  appeared  in  the 
action,  either  party  may  have  the  testimony  of  any  wit- 
ness who  is  about  to  leave  the  city  and  county  of  New 
York,  and  will  probably  continue  absent,  when  the  testi- 
mony is  required,  taken  conditionally,  to  be  used  on  the 
trial  of  such  action,  in  the  same  manner  and  with  like 
effect,  as  provided  by  article  first,  title  three,  chapter 
seven,  of  the  Revised  Statutes,  entitled  "Of  taking,  condi- 
tionally, testimony  of  witnesses  within  the  state." 

§  32.  Subpoenas  requiring  witnesses  to  appear  and 
testify  on  the  trial  of  an  action,  on  the  demand  of  either 
party,  to  be  issued  out  of  these  courts  by  the  clerks 
thereof,  in  the  same  form  and  served  in  the  same  manner 
as  subpoenas  issued  out  of  a  court  of  record,  but  shall  not 
be  served  out  of  the  city  and  county  of  New  York,  or  an 
adjoining  county  thereto;  and  for  neglect  or  refusal  to 
attend  and  testify  as  required  by  such  subpoenas,  such 
witnesses  may  be  attached  and  punished  in  the  manner 
now  provided  by  law  for  punishing  similar  neglect  or  re- 


16 


(  Doc.  No.  9 


fusal  in  courts  of  record;  witnesses  arc  entitled  to  twenty- 
five  cents  for  each  day's  attendanoo  on  the  trial  of  an 
action. 

§33.  The  commissioner  of  jurors  shall,  on  or  before 
the  first  Monday  of  September,  in  each  and  every  year, 
furnish  the  clerk  of  each  of  these  courts  with  a  list  of  tho 
names,  residence  and  occupation  of  such  number  of  per- 
sons liable  to  do  jury  duty,  and  who  shall  reside  within 
the  district  for  which  they  are  selected,  as  the  justice  of 
the  court  may  require,  in  writing,  not  exceeding  one  hun- 
dred and  fifty  to  each  district,  and  certify  the  same.  A 
person  named  on  the  list  thus  furnished  shall  not  be  lia- 
ble to  do  duty  in  any  other  court  at  any  time  during  the 
year  for  which  they  are  so  furnished.  The  clerk  of  the 
court  who  shall  receive  such  jury  list,  must  write  on  a 
slip  of  paper  the  name  of  each  of  the  persons  so  furnish- 
ed, and  place  the  same  in  a  box,  to  be  called  the  undrawn 
jury  box. 

§  34.  A  trial  by  jury  must  be  demanded  at  the  time  of 
joining  an  issue  of  fact,  and  is  waived  if  neither  party 
then  demand  it;  when  demandeil,  the  trial  of  ihe  case 
may  be  a'^'journed  until  a  time  fixed  for  the  return  of  the 
jury.  The  clerk  must  publicly  draw  twelve  persons  from 
the  undrawn  jury  box,  and  deliver  the  list  thereof  to  a 
constable,  or  to  a  person  deputed  by  the  justice  for  that 
purpose,  with  a  written  or  printed  notice,  directed  to 
each  person  named  in  the  list,  requiring  him  to  attend,  as 
directed,  as  a  juror,  at  a  time  specified  therein;  out  of 
which  number,  six  of  the  persons  attending  shall  be  drawn 
to  try  the  cause,  providing  that  number  appear. 

§  35.  Tho  oCTicer,  or  the  officer  thus  deputed,  must 


Doc.  No.  9.) 


16 


thereupon  immediately  summon  each  person  named  in  the 
list,  by  giving  him  the  notice  mentioned  in  the  last  sec- 
tion personally,  or  by  leaving  it  at  his  place  of  residence, 
with  some  person  of  suitable  age  and  discretion,  and 
must  return  the  list  to  the  court  at  its  opening,  on  the 
day  for  which  the  jury  was  drawn,  specifying  the  persons 
summoned,  and  the  manner  in  which  each  was  notified. 

§  36.  The  court  to  which  the  list  is  returned  may  im- 
pose a  fine,  not  exceeding  ten  dollars,  for  the  neglect  of 
a  juror,  without  reasonable  cause,  to  attend,  and  the  same 
shall  be  collected  in  the  manner  now  provided  by  law  for 
the  collection  of  like  fines  in  courts  of  record;  but  if  such 
notice  was  not  personally  served,  the  fine  cannot  be  im- 
posed until,  upon  an  order  to  show  cause,  an  opportunity 
is  afforded  him  to  be  heard. 

§  37.  If  a  sufficient  number  of  competent  and  indiffer- 
ent jurors  do  not  attend,  the  justice  must  direct  to  be 
summoned,  by  a  constable,  or  a  person  deputed  for  that 
purpose,  from  the  vicinity,  sufficient  to  complete  the 

jury- 

§  38.  The  ballots  contaigiing  the  names  of  the  jurors 
summoned  and  not  drawn,  must  be  returned  by  the  clerk 
to  the  undrawn  jury  box,  to  be  drawn  as  in  the  first  in- 
stance. The  ballots  containing  the  names  of  the  jurors 
who  served,  must  be  placed  in  a  box,  to  be  called  the 
drawn  jury  box,  until  all  the  other  names  have  been 
drawn  therefrom;  and  as  often  as  that  happens,  the  whole 
number  must  be  returned  to  the  undrawn  jury  box,  as  in 
the  first  instance. 

§  39.  Before  a  party  can  be  entitled  to  a  jury,  he  must 
deposit  with  the  clerk,  at  the  time  he  demandied  a  trial 


17 


(Doc.  No.  9. 


by  jury,  the  sum  of  three  dollars  and  the  officer's  fees  for 
summoning  the  jury,  from  which  the  clerk  must  refund  to 
the  party  the  fees  of  all  jurors  who  do  not  attend,  which 
jurors'  fees,  not  refunded,  and  the  officers'  fees,  must  be 
included  in  the  judgment,  as  part  of  the  costs,  in  case  the 
party  calling  the  jury  recover  judgment. 

§  40.  No  adjournment  can  be  granted  after  the  return 
of  the  jury,  unless  the  party  requiring  the  same,  in  addi- 
tion to  the  other  conditions  imposed  upon  him,  deposit 
with  the  clerk,  to  be  immediately  paid  to  .the  jurors  at- 
tending, the  sum  of  twenty-five  cents  each,  which  amount 
in  no  case  is  to  be  included  as  part  of  the  costs  in  the 
judgment. 

§  41.  If  either  party  object  to  the  competency  of  a 
juror,  the  question  thereon  must  be  tried  in  a  summary 
manner  by  the  justice,  who  may  examine  the  jurors  or 
other  witnesses  on  oath. 

§  42.  The  verdict  of  the  jury  must  be  general  for  the 
plaintiff  for  a  specific  sum,  or  for  the  defendant,  or  where 
there  is  a  counter  claim  or  set-ofi"  proved  for  the  defend- 
ant in  a  specific  sum;  but  when  ^there  are  several  plain- 
tiffs or  defendants,  the  verdict  may  be  for  or  against  one 
or  more  of  them,  and  the  judgment  must  be  entered  there- 
in immediately  after  the  rendering  of  the  verdict. 

§  43.  If,  at  any  time  before  the  trial  has  actually  com- 
menced, it  shall  appear  to  the  satisfaction  of  the  justice 
that  he  is  a  necessary  witness  on  the  trial  of  the  cau^e,  or 
is  disqualified  to  try  the  same,  he  shall,  by  an  order  en- 
tered in  the  cause,  order  the  papers  in  the  same  to  be 
transferred  to  a  district  court  for  the  adjoining  district, 
2 


Doc.  No.  9  ) 


18 


and  the  latter  court  shall  there  have  jurisdiction  to  hear 
and  try  the  same. 

§  44.  The  swearing  of  the  jury,  and  the  mode  of  con- 
ducting the  trial,  are  the  same  in  these  courts  as  they  are 
in  courts  of  record. 

§  45.  Judgment  that  the  action  be  dismissed,  with 
costs,  without  prejudice  to  a  new  action,  shall  be  rendered 
in  the  following  cases: 

1.  Where  the  plaintiff  voluniarily  discontinues  the 
action  before  it  is  finally  submitted. 

2.  When  he  fails  to  appear  at  the  time  specified  in 
the  summons,  warrant  or  attachment,  or  upon  ad- 
journment. 

3.  When  it  is  objected  at  the  trial,  and  appears  by 
the  evidence,  that  the  action  is  brought  in  the  wrong 
district,  or  by  a  plaintiff  not  a  resident  in  the  county, 
without  giving  the  security  required  by  this  act,  or 
that  the  court  has  not  jurisdiction;  but  if  the  objec- 
tion be  taken  and  overruled,  it  is  cause  only  of  re- 
versal on  appeal,  and  does  not  otherwise  invalidate 
the  judgment;  if  n(h  taken  at  the  trial,  it  is  waived, 
and  the  court  will  be  deemed  to  have  jurisdiction. 

4.  Where  the  plaintiff  does  not  prove  his  cause  of 
action. 

§  46.  When  the  defendant  fails  to  appear  and  answer, 
judgment  must  be  given  for  the  plaintiff,  as  follows: 

1.  When  a  copy  of  the  complaint,  account  or  in- 
strument, has  been  served  personally  with  the  sum- 
mons, warrant  or  attachment,  as  prescribed  by  sec- 


19 


(Doc.  No.  9. 


tion  fifteen  of  this  act,  judgment  must  be  given,  with- 
out further  evidence,  for  the  sum  Hpccificd  therein. 

2.  In  other  cases  the  justice  must  hear  the  evidence 
of  the  plaintiff,  and  render  judgment  for  such  sum 
only  as  shall  appear  by  the  evidence  to  be  just,  but 
in  no  case  to  exceed  the  sum  specified  in  the  sum- 
mons, warrant  or  attachment. 

§  47.  Upon  the  issue  of  fact  joined,  if  a  jury  trial  be 
not  demanded,  as  required  by  tUis  act,  the  justice  must 
bear  the  evidence,  and  decide  all  questions  of  fact  and 
law,  and  render  judgment  accordingly,  within  eight  days 
from  the  time  the  same  is  submitted  to  hira  for  that  pur- 
pose, except  when  the  defendant  is  under  arrest,  and  has 
not  given  security  for  his  appearance;  in  such  case  the 
justice  shall  render  his  judgment  immediately  after  the 
close  of  the  trial.  All  issues  of  law  shall  be  heard  and 
decided  by  the  judge,  without  a  jury. 

§  48.  The  provisions  of  sections  fifty-five  to  sixty-four, 
both  inclusive,  and  of  section  sixty-eight  of  the  code  of 
procedure,  shall  apply  to  these  courts,  except  that  the 
transcript  of  judgment  specified  in  the  latter  section  shall 
be  furnished  by  the  clerk  of  the  court  in  which  the  judg- 
ment was  rendered,  and  also  except  that  the  execution 
may  issue  as  well  out  of  the  district  court  in  which  the 
judgment  was  rendered,  asout  of  the  court  of  Ccommon 
Pleas. 

§  49.  Where  the  amount  found  due  to  either  party  ex- 
ceeds the  sum  for  which  the  justice  is  authorized  to  enter 
judgment,  such  party  may  remit  the  excess,  and  judgment 
may  be  entered  for  the  residue. 


Doc  No.  9.) 


20 


§  50.  When  a  judgment  is  rendered  in  a  case  whore  the 
defendant  is  subject  to  arrest  and  imprisonment  thereon, 
it  must  be  so  stated  in  the  judgment  and  entered  in  the 
docket. 

§  61.  Execution  for  the  enforcement  of  a  judgment  in 
a  district  court  may  be  issued  by  the  clerk  of  the  court 
in  which  the  judgment  was  rendered,  or  by  his  successor 
in  office,  on  the  application  of  the  party  entitled  thereto, 
at  any  time  within  five  years  from  the  entry  of  the  judg- 
ment, and  it  may  also  be  issued  out  of  the  court  of  Com- 
mon Pleas  after  the  same  has  been  docketed  in  the  county 
clerk's  office. 

§  62.  The  execution,  when  issued  out  of  the  district 
court,  must  l*e  directed  to  a  constable  of  the  ciiy  of  New 
York,  and  subscribed  by  the  clerk  of  the  court  in  which 
the  judgment  was  rendered,  or  by  his  successor  in  office, 
and  must  bear  date  of  the  day  of  its  delivery  to  the  offi- 
cer to  be  executed.  It  must  intelligibly  refer  to  the  iudg- 
ment  by  stating  the  name  of  the  justice  before  whom  and 
;of  the  district  where,  and  the  time  when  rendered,  and 
the  amount  of  the  judgment;  and  if  less  than  the  whole  is 
-due,  the  true  amount  due  thereon,  It  must  require  of  the 
constable  substantially  as  follows: 

1.  If  it  be  a  case  where  the  defendant  cannot  be 
arrested,  it  must  direct  the  officer  to  collect  the 
amount  of  the  judgment,  or  the  amount  due  thereon, 
out  of  the  personal  property  of  the  debtor,  and  to  pay 
the  same  to  the  party  entitled  thereto. 

2.  If  it  be  a  case  where  the  defendant  may  be 
arrested,  in  addition  to  the  foregoing,  it  may  direct 
the  officer,  if  sufficient  property  of  the  defendant, 


21 


(Doc.  No.  y. 


liable  to  execuLioi),  cannot  be  found  to  satisfy  the 
judgment,  that  he  arrest  the  defendant  and  commit 
him  to  the  jail  of  the  county,  until  he  pay  the  judg- 
ment or  be  discharged  according  to  law. 

3.  It  must  further  in  all  cases  direct  the  officer  to 
make  return  of  the  execution,  and  a  certificate  thereon 
showing  the  manner  in  which  he  has  executed  the 
same,  in  twenty  days  from  the  time  of  his  receipt 
thereof,  to  the  court  from  which  the  execution  is- 
sued. 

§  53.  Upon  an  execution,  or  judgment  against  joint 
debtors,  upon  one  or  more  of  whom  the  summons,  warrant 
or  attachment  was  not  served,  the  execution  must  contain 
a  direction  to  collect  the  amount  out  of  the  joint  pro- 
perty of  all  the  defendants,  and  the  separate  property  of 
the  defendants  upon  whom  such  summons,  warrant  or  at- 
tachment was  served,  to  be  specified  by  name.  If  sucli 
judgment  be  also  such  that  the  defendants  are  subject  to 
arrest  thereon,  the  execution  must  further  specify  the 
names  of  the  defendants  served  with  the  summons,  war- 
rant or  attachment,  who  may  be  arrested  for  want  of 
property. 

§  54.  When  the  execution  directs  the  arrest  of  the  de- 
fendant for  want  of  sufficient  personal  chattels,  if  there 
be  not  sufficient  subject  to  levy  known  to  the  officer,  or  if 
upon  demand  by  the  officer  of  the  defendant,  ho  fail  to 
produce  sufficient  property,  the  officer  may,  without  fur- 
ther delay,  arrest  the  defendant;  when  arrested,  the  de- 
fendant must  be  conveyed  to  the  common  jail  of  the 
county,  and  there  kept  in  custody  until  the  execution, 
with  costs,  be  paid,  or  he  be  discharged  by  due  course  of 
law. 


Doc.  No.  9.) 


22 


§  55.  An  execution  may,  at  the  request  of  the  plaintiff, 
be  renewed  before  the  expiration  of  the  twenty  days  by 
the  word  "renewal"  being  written  thereon,  with  the 
date  thereof,  subscribed  by  the  clerk  of  the  court  or  his 
deputy;  such  renewal  has  the  ejBPect  of  an  original  issue, 
and  may  be  repeated  as  often  as  may  be  necessary.  If  an 
execution  be  returned  uniatisfied,  others  may  be  issued 
on  the  like  request,  from  time  to  time,  until  the  judgment 
be  satisfied. 

§  56.  A  defendant  cannot  be  arrested,  nor  his  property 
sold  on  execution  after  twenty  days  from  its  issue,  or  re- 
newal, but  property  levied  on  within  the  twenty  days  may 
be  sold  after  renewal. 

§  57.  A  constable  is  liable  to  a  party  in  whose  favor 
an  execution  is  issued  to  him  for  the  amount  thereof  in 
the  following  cases: 

1.  When  he  suffers  the  twenty  days  to  elapse  with- 
out making  a  true  return  thereof,  and  filing  the  same 
with  the  clerk  of  the  court,  and  paying  to  him  or  to 
the  party  entitled  thereto  the  money  collected  there- 
on by  him. 

2.  When  he  wilfully  or  carelessly  omits  to  levy  on 
property  of  the  defendant,  or  if  the  defendant  be 
liable  to  arrest,  to  arrest  and  imprison  him  within 
the  twenty  days,  or  having  arrested  the  defendant 
fails  to  commit  him  to  the  county  jail  within  the 
twenty  days. 

§  58.  Whenever  an  execution  has  been  returned  satis- 
fied in  whole  or  in  part,  where  a  transcript  of  the  judg- 
ment has  been  filed  in  the  county  clerk's  ofiice,  a  certifi- 


23 


(Doc.  No.  9. 


<jate  thereof,  signed  by  the  clerk  of  the  court  in  which 
the  judgment  was  rendered,  may  be  filed  in  the  office  of 
the  clerk  of  the  county,  who  shall  thereupon  enter  satis- 
faction for  the  amount  so  satisfied;  judgments  docketed 
in  these  courts  may  be  satisfied  in  the  same  manner  as 
judgments  docketed  in  courts  of  record. 

§  59.  Every  clerk  of  these  courts  must  keep  a  book, 
denominated  a  docket,  in  which  must  be  entered  by  him 

1.  The  title  of  every  action  in  which  a  summons, 
warrant  or  attachment  is  issued,  or  when  parties 
voluntarily  appear. 

2.  The  date  of  the  summons,  warrant  or  attach- 
ment, and  the  time  of  its  return,  and  if  an  allowance 
of  a  warrant  to  arrest  the  defendant  or  to  attach 
his  property  was  made,  such  facts  must  also  be 
stated. 

3.  The  time  when  the  parties  or  either  of  them 
appeared;  a  minute  of  their  pleadings,  if  in  writing, 
referring  to  them;  if  not  in  writing,  a  concise  state- 
ment of  the  material  part  of  the  pleadings. 

4.  Every  adjournment,  stating  on  whose  applica- 
tion, whether  on  oath,  evidence  or  consent,  and  to 
what  time. 

5.  When  a  trial  by  jury  is  demanded,  the  demand 
must  be  stated  and  by  wliom  made,  and  the  time  ap- 
pointed for  the  trial,  and  the  return  of  the  jury. 

6.  The  names  of  the  jury  sworn,  the  names  of  the 
witnesses  sworn,  and  at  whose  request. 

7.  The  verdict  of  the  jury,  and  when  received;  if 
the  jury  disagree  and  are  discharged,  that  fact  must 
be  stated. 


Doc.  N.o.  9.) 


24 


8.  The  judgment  of  the  court,  its  amount  and  the 
costs  in  the  action. 

9.  The  issuing  of  execution,  when  issued  and  to 
whom;  the  renewals  thereof;  if  any,  and  when 
mnde,  the  return  and  when  made,  and  a  statement  of 
any  money  paid  to  the  clerk,  and  when  and  by  whom. 

LO.  The  giving  of  a  transcript  to  be  filed  in  the 
county  clerk's  office,  and  when  given. 

11.  The  receipt  of  a  notice  of  appeal  or  order  to 
make  or  amend  a  return,  stating  the  time  of  the  re- 
ceipt thereof. 

§  60.  The  several  particulars  in  the  last  section  speci- 
fied must  be  entered  under  the  title  of  the  action  to  which 
they  relate,  and  at  the  time  when  they  occur,  such  en- 
tries in  the  docket,  or  a  transcript  thereof,  certified  by 
the  clerk  or  his  successor  in  office,  with  the  seal  of  the 
court  thereon  impressed,  are  evidence  to  prove  the  facts 
as  stated  therein. 

§  61.  The  clerk  must  keep  an  index  to  his  docket,  in 
which  must  be  entered  the  names  of  the  parties  to  each 
judgment,  with  a  reference  to  the  page  of  entry,  the  names 
of  the  plaintiffs  and  defendants  respectively  must  be  en- 
tered in  the  index  in  alphabetical  order. 

§  62.  It  is  the  duty  of  every  clerk  of  these  courts  to 
deliver  to  his  successor  in  office  his  official  dockets  and 
papers  on  file  in  his  office,  as  well  his  own  as  those  of  his 
predecessors  which  may  be  in  his  custody,  there  to  be 
kept  as  public  records, 

§  63.  A  clerk  with  whom  the  docket  of  his  predecessor 
is  deposited  may  issue  execution  on  a  judgment  there  en- 


26 


(Doc.  No.  9 


tered  and  unsatisfied,  in  the  same  manner  and  with  the 
same  effect  as  though  he  was  clerk  of  the  court  at  the 
time  the  judgment  was  rendered. 

§  64.  A  copy  of  a  paper  on  file  in  the  office  of  the  clerk 
in  either  of  these  courts,  certified  by  him  or  his  deputy  as 
guch,  shall  be  prima  facie  evidence  thereof. 

§  65.  The  Corporation  of  the  city  of  New  York  shall 
furnish,  at  the  expense  of  that  city,  all  necessary  atten- 
dants, rooms,  furniture,  blanks,  stationery  and  fuel  for 
these  courts.  And  an  act  entitled  "An  act  in  relation  to 
the  superior  court  and  to  the  court  of  common  pleas  and 
to  the  marine  court  for  the  city  of  New  York,"  passed 
July  thirteen,  eighteen  hundred  and  fifty-three,  shall  ap- 
ply to  these  courts. 

§  66.  Subdivisions  one,  two,  three,  four  and  five  of  sec- 
tion ten,  and  sections  eleven,  twelve,  thirteen,  fourteen 
and  fifteen,  of  chapter  three,  part  third,  and  title  second 
of  the  Revised  Statutes  in  relation  to  criminal  contempts, 
and  all  laws  for  enforcing  a  compliance  with  said  sections 
and  subdivisions  shall  apply  to  these  courts. 

§  67.  The  following  are  the  fees  of  these  courts,  when 
the  plaintiff's  demand  is  less  than  fifty  dollars  : 

1.  For  all  proceedings  when  the  defendant  does 
not  answer,  including  judgment,  transcript  and  exe- 
cution, one  dollar  and  fifty  cents. 

2.  For  all  proceedings  to,  and  including  the  join- 
ing of  issue,  if  a  warrant  or  attachment  be  issued, 
one  dollar  and  fifty  cents.  If  there  be  no  warrantor 
attachment  issued,  one  dollar. 


Doc.  No.  9.) 


26 


3.  For  an  adjournment,  twenty-five  cents  to  be 
paid  by  the  party  requesting  tbe  same. 

4.  For  taking  testimony  conditionally,  or  issuing 
a  commission  to  take  the  testimony  of  witnesses  out 
of  the  city,  fifty  cents. 

5.  For  all  pi^ceedings  after  issue  to  and  including 
trial  by  jury,  if  there  be  one,  one  dollar  and  fifty 
cents.    If  there  be  no  trial  by  jury,  one  dollar. 

6.  For  judgment  upon  the  issue  and  any  proceed- 
ings afterward,  including  transcripts,  executions, 
returns,  and  all  other  proceedings  and  entries,  fifty 
cents. 

7.  Postage  actually  paid  on  serving  or  receiving  a 
commission  to  take  testimony,  and  the  actual  expense 
of  taking  the  same. 

8.  For  a  transcript  of  the  docket  of  judgment  or 
certifying  a  copy  of  a  paper  on  file  in  the  clerk's 
office,  the  same  fees  as  are  allowed  in  the  Marine 
Court  of  the  city  of  New  York  for  like  services. 

9.  All  necessary  disbursements  paid  by  the  party 
recovering  judgment. 

§  68.  When  the  plaintiff's  demand  is  for  fifty  dollars  or 
more,  the  fees  in  these  courts  shall  be  the  same  as  in  the 
said  Marine  Court  for  like  services;  and  the  justices  and 
clerks  of  these  courts  respectively  shall  receive  the  same 
compensation  as  the  justices  and  clerk  of  said  Marine 
Court  now  by  law  receive,  payable  out  of  the  city  trea- 
sury, on  the  first  day  of  each  and  every  month. 

§  69.  Constable's  fees  for  services  rendered  before 
judgment,  may  be  included  therein,  when  it  is  in  favor  of 


27 


(Doc.  No. 


the  party  liable  therefor;  and  in  addition  to  the  fees  now 
allowed  by  law,  they  shall  receive  the  sum  of  twenty-five 
cents  for  every  copy  of  the  complaint  served  by  them 
with  the  process  by  which  the  action  is  commenced. 

§  70.  Sections  three  and  four  of  an  act  entitled  "  An 
act  in  relation  to  the  Marine  Court  in  the  city  of  New 
York/'  passed  July  twelve,  eighteen  hundred  and  hfty- 
three,  shall  apply  to  these  courts  when  the  plaintiff's  de- 
mand be  for  the  recovery  of  fifty  dollars  or  more,  but  the 
plaintiff  shall  not  recover  such  extra  costs  unless  judg- 
ment be  rendered  in  his  favor  for  fifty  dollars  or  more, 
nor  shall  either  party  be  entitled  to  such  extra  costs  un- 
less he  has  an  attorney  actually  engaged  in  the  prosecu- 
tion or  defence  of  the  action.  Such  extra  costs  shall  be 
entered  in  the  judgment,  and  belong  to  the  party  in  whoso 
favor  the  judgment  is  entered. 

§  71.  The  clerks  of  these  courts  shall  be  appointed, 
and  hold  their  ofiSces  in  the  manner  now  provided  by  law, 
and  vacancies  in  their  office  shall  be  filled  in  like  manner; 
provided,  however,  that  the  clerks  of  said  courts  who 
shall  be  in  office  at  the  next  election  of  judges  for  said 
courts  shall  hold  their  office  for  the  same  time  as  the  jus- 
tices then  elected,  each  of  the  said  clerks  may,  bay  an  in- 
strument in  writing  filed  with  the  justice,  appoint  a  deputy 
who  may  in  his  name  perform  all  the  duties  required  of 
the  clerk,  and  he  shall  be  liable  for  the  faithful  perform- 
ance of  such  deputy's  duty;  but  the  services  of  such  dep- 
uty shall  in  no  case  be  paid  for  out  of  the  city  treasury. 

§  72.  It  shall  bo  the  duty  of  the  clerk  of  each  of  these 
courts, 


Doc.  No.  9.) 


28 


1.  To  keep  the  seal  of  the  court,  and  affix  it  to  the 
certificate  of  the  transcript  of  the  docket  of  the  judg- 
ment, or  any  other  certificate,  when  requested  so  to  do. 

2.  To  record  the  proceedings  of  the  court. 

3.  To  keep  the  records  and  other  books  appertain- 
ing to  the  court. 

4.  To  file  papers  delivered  to  him  for  that  purpose 
in  any  action. 

5.  To  attend  the  sitting  of  the  court  of  which  he  is 
clerk,  to  administer  oaths  in  an  action,  in  the  pres- 
ence of  the  court  and  under  its  direction,  and  to  re- 
ceive the  verdict  of  the  jury. 

6.  To  authenticate  by  certificate  or  exemplification 
^as  may  be  required,  the  records  or  proceedings  of  the 
court,  or  any  other  paper  appertaining  thereto  and 
filed  with  him. 

7.  To  exercise  the  powers  and  perform  the  duties 
conferred  and  imposed  upon  him  by  this  act. 

8.  In  the  performance  of  his  duties  to  conform  to 
the  direction  of  the  court. 

9.  To  keep  his  office  open  for  the  transaction  of 
business,  every  judicial  day,  from  nine  o'clock  in  the 
forenoon  to  four  o'clock  in  the  afternoon. 

§  73.  It  shall  be  the  duty  of  the  clerk  of  each  of  these  ' 
courts  to  collect  and  receive  all  the  fees  thereof  and  to 
account  for  and  pay  the  same  into  the  city  treasury^ 
monthly,  under  oath,  on  the  first  day  of  each  and  every 
month,  or  within  three  days  thereafter,  which  account  shall 
contain  the  title  of  each  case  and  the  amount  of  fees  re- 


29 


(Doc.  No.  9 


ceived  thereiu;  and  the  salary  of  such  clerk  sliall  not  be 
paid  until  he  shall  have  so  accounted  and  paid,  and  he 
shall  perform  no  service  until  he  shall  have  received  the 
legal  fees  thef  eof, 

§  74.  Every  clerk  hereafter  appointed  shall,  before  he 
enters  on  the  performance  of  his  duty,  execute  and  file 
with  the  clerk  of  the  city  and  county  of  New  York,  a 
bond,  in  the  penal  sum  of  five  thousand  dollars,  with  two 
or  more  sufficient  sureties,  to  be  approved  by  the  Mayor, 
or  one  of  the  judges  of  the  Court  of  Common  Pleas,  (such 
approval  to  be  indorsed  thereon,)  to  the  effect,  that  ho 
will  faithfully  perform  the  duties  of  his  office,  and  pay  in- 
to the  city  treasury  all  moneys  he  may  receive,  belonging 
to  the  city;  and  to  pay  all  moneys  that  may  be  def)Osited 
with  him,  in  any  action,  to  the  party  entitled  to  the  same. 
For  any  and  every  breach  of  this  bond,  the  Court  of  Com- 
mon Pleas,  or  a  judge  thereof,  may  order  the  same  to  be 
prosecuted,  in  the  name  of  any  person  entitled  to  such 
money. 

§  75.  The  clerk  of  each  of  these  courts  is  authorized  to 
administer  oaths  in  the  city  of  New  York,  in  the  same 
manner,  and  with  like  effect  as  if  he  was  a  clerk  of  a 
court  of  record. 

§  76.  The  provisions  of  the  code  of  procedure,  in  re- 
lation to  appeals  to  review  judgments  rendered  in  these 
courts,  from  section  three  hundred  and  fifty-one  to  section 
three  hundred  and  seventy-one,  both  inclusive,  shall  apply 
to  said  courts,  except  such  appeals  shall  be  to  the  Superior 
Court  of  the  city  of  New  York. 

§  77.  The  justices  of  each  of  these  courts  may,  in  the 
city  of  New  York,  by  virtue  of  his  office,  administer 


Doc.  No.  9.) 


30 


oaths,  take  depositions  and  acknowledgments  and  certify 
the  same  in  like  manner,  and  with  like  effect,  as  if  he  were 
a  justice  or  judge  of  a  court  of  record;  and  he  may  also 
perform  the  duties  enumerated  in  the  followkig-  provisions 
of  the  Revised  Statutes  of  this  state,  and  have  all  the  au- 
thority therein  specified, 

1.  Article  fourth,  title  three,  chapter  seven,  en- 
titled, of  "  depositions  to  be  taken  in  the  state,  to  be 
used  in  courts  of  other  states  and  counties." 

2.  Article  second,  title  ten,  chapter  eight,  entitled 
"summary  proceedings  to  recover  the  possession  of 
land  in  other  cases." 

3.  Title  one,  chapter  two,  entitled  of  proceedings 
to  prevent  the  commission  of  crimes." 

4.  Title  two,  chapter  two,  entitled,  of  the  arrest 
and  examination  of  offenders,  their  commitment  for 
trial  and  letting  them  to  bail." 

§  78.  All  the  provisions  of  this  act,  from  section  one  to 
section  seventy-six,  both  inclusive,  apply  exclusively  to 
these  courts.  Section  seventy-seven  relates  to  the  justice 
only,  who  is  thereby  authorized  to  try  special  proceed- 
ings, and  perform  magisterial  and  such  other  duties  as  are 
therein  conferred  upon  him,  and  the  trial  of  an  action  or 
special  proceeding  may  be  continued,  from  day  to  day,  or 
from  one  day  to  any  other  day  or  days  until  the  same  is 
finished,  A  special  proceeding  commenced  before  one 
justice  may  be  continued  before  any  other  justice. having 
jurisdiction  of  the  subject  matter,  the  same  as  though  it 
had  been  originally  commenced  before  him.  A  transcrip: 
of  any  proceedings  had  before  either  of  said  justices,  or 
of  any  otiier  paper  filed  with  him,  or  of  the  minutes  of 


81 


(Doc.  No.  9. 


any  testimony  taken  by  or  before  him,  certified  by  liim  to 
be  correct,  shall  be  presumptive  evidence  of  the  facta 
therein  contained, 

§  79.  The  justice,  when  actually  engaged  in  tlie  hearing 
or  trial  of  any  special  proceedinf]^,  shall  have  all  the  power 
and  authority  that  are  conferred  on  these  courts,  by  sec- 
tion sixty  six  of  this  act;  and  he  may  compel  the  attend- 
ance of  witnesses  on  the  trial  of  such  special  proceeding 
the  same  as  if  it  was  the  trial  of  an  action  pending  in  a 
court  of  record,  exce()t  that  subpoenas  shall  be  signed  by 
the  justice;  and  he  is  authorized  to  punish  them  for  neg- 
lect to  attend  the  same,  as  courts  of  record  arc  authorized 
to  do. 

§  SO.  Words  used  in  this  act,  in  the  past  or  present 
tense,  include  the  future,  as  well  as  the  past  or  present; 
words  used  in  the  masculine  gender  include  the  feminine 
and  neuter;  the  singular  number  includes  the  plural,  and 
the  plural  the  singular;  the  word  "  person,"  includes  a  cor- 
poration as  well  as  a  natural  person;  "writing"  includes 
printing  or  printing  paper;  *' oath,''  includes  affirmation 
or  declaration;  "signature,"  or  ''subscription,"  includes 
*' mark,"  when  the  person  cannot  write,  his  name  being 
written  near  it,  and  witnessed  by  a  person,  who  shall 
write  his  own  name  as  witness.  The  following  terms  also 
named  in  this  act,  have  the  signification  attached  to  thera 
in  this  act,  unless  otherwise  apparent  from  the  context: 

1.  The  word  "attorney"  signifies  an  attorney  of 
the  Supreme  Court  of  this  state,  duly  licensed  to 
practice  as  such. 

2.  The  word  "  district,"  signifies  judicial  district. 


Doc.  No.  9.) 


32 


3.  The  word  clerk/'  signifies  the  clerk  of  the 
court  where  the  action  is  pending.- 

4.  The  word,  "  constable,  signifies  any  person  au- 
thorized to  perform  the  duties  of  a  constable. 

5.  The  word  corporation,"  includes  every  asso- 
ciation having  any  corporate  rights,  whether  created 
by  special  acts  of  legislature,  or  under  general  laws.  > 

§  81.  All  statutes,  laws  and  rules  heretofore  in  force  in 
this  state,  in  any  case  provided  for  by  this  act,  or  incon- 
sistent with  its  provisions,  are  hereby  repealed  and  abro- 
gated; nor  is  any  such  statute,  law  or  rule  to  be  deemed 
retained,  because  it  is  consistent  with  provisions  upon  the 
same  subject  in  this  act;  but  such  repeal  does  not  effect 
any  right  already  existing  or  accrued,  or  any  proceedings 
already  taken,  except  in  this  act  provided. 

§  82.  This  act  shall  take  effect  immediately. 

State  of  New  York,  j 

Secretary's  Office.     \     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom,  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the 
city  of  Albany,  this  fifteenth^day  of  April, 
in  the  year  one  thousand  eight  hundred 
and  fifty-seven. 

N.  P,  STANTON, 

Dep.  Sec.  of  State. 


A  N  A  C  T 


IN  RELATION  TO  PARTY-WALLS   IN  TIIR   CITY  OF  NEW  YORK. 

Passed  April  1,  1857. 

The  People  of  the  State  of  JS^cw  York,  represented  in  Senate 
and  Assembly  do  enact  as  follows: 

Sec.  1.  It  shall  be  lawful  to  increase  the  thickness  of 
any  partition  wall,  or  other  wall,  between  two  adjoining 
buildings  in  the  city  of  New  York,  erected  before  the 
passage  of  the  act  of  fourteenth  April,  eighteen  hundred 
and  fifty-six,  in  relation  to  buildings  in  said  city,  provided 
that  such  additions  be  properly  and  securely  tied  into  the 
original  wall  by  iron  fastenings,  or  slabs  of  stone,  so  as 
to  make  a  firm  wall  of  not  less  than  sixteen  inches  in 
thickness;  and  such  wall,  when  so  altered,  shall  be  deemed 
and  taken  to  be  a  sixteen  inch  wall,  in  like  manner,  as  if 
originally  built  of  that  thickness,  any  thing  in  the  before- 
mentioned  act,  to  the  contrary  notwithstanding. 

^  2.  If  any  owner,  or  part  owner,  of  any  wall  hereto- 
fore erected  between  two  adjoining  buildings  in  the  city 
of  New  York,  shall  refuse  to  give  his  written  consent  to 
the  reconstruction  thereof,  by  the  entire  substitution  of  a 
new  wall  of  the  thickness  now  required  by  law,  in  build- 
ings more  than  fifty  feet  in  height,  it  shall  be  lawful  to 
increase  the  thickness  of  such  wall  by  additions  thereto 
to  be  firmly  secured  by  sufficient  and  proper  iron  anchors, 
or  slabs  of  stone,  making  togetlin*  a  wall  of  at  least  six- 
3 


Doc.  No.  9.) 


34 


teen  inches  in  thickness;  and  such  wall  so  strengthened 
and  increased,  shall  be  deemed  and  taken  to  be  a  sixteen 
inch  wall,  in  like  manner  as  if  the  same  had  been  origi- 
nally built  of  that  thickness. 

§  8.  This  act  shall  take  effect  immediately. 

State  op  New  York,  ) 
Secretary's  Office.    )     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  licreby 

certify  the  same  to  be  a  correct  transcript  therefrom,  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the  city 
of  Albany,  this  third  day  of  April,  in  the 
ft;  s.]     year  one  thousand  eight  hundred  'and  fifty- 
seven. 

N.  P.  STANTON, 
Dep*  Secretary  of  State, 


AN  ACT 


TO  AMEND  THE  CHARTER  OP  THE  CITY  OP  NEW  YORK. 

Passed  April  i4, 1857,  three  fifths  being  present. 

The  People  of  the  State  of  J^ew  York,  represented  in  S^.nate 
and  Jissemhlyy  do  enact  as  follows: 

Sec.  1.  The  Corporation  now  existing,  and  known  by 
the  name  of"  The  Mayor,  Aldermen  and  Commonalty  of 
the  city  of  New  York,'"  shall  continue  to  be  a  body  poli- 
tic and  corporate  in  fact  and  in  name,  by  the  same  name, 
and  shall  have  perpetual  succession,  with  all  the  grants, 
powers  and  privileges  heretofore  had  by  "  the  Mayor,  Al- 
dermen and  Commonalty  of  the  city  of  New  York." 

§  2.  The  legislative  power  of  the  said  Corporation 
shall  be  vested  in  a  Board  of  Aldermen  and  a  Board  of 
Councilmen,  who  together,  shall  form  the  Common  Coun- 
cil of  the  city  of  New  York. 

§  3.  The  Board  of  Aldermen  shall  consist  of  one  Alder- 
man, to  be  elected  from  each  district  in  the  city  and  coun- 
ty of  New  York,  as  hereinafter  provided  for.  The  mem- 
bers of  the  Board  of  Aldermen  first  elected  under  this  act, 
shall  be  classified  as  follows:  The  Aldermen  from  districts 
having  an  odd  numerical  designation  shall  hold  such  ofi&ce 
for  the  term  of  one  year,  and  those  from  districts  having 
an  even  numerical  designation  shall  hold  such  office  for 
the  term  of  two  years.  At  all  subsequent  elections  for  al- 
dermen, they  shall  be  elected  for  the  full  term  of  two 
years. 

§4.  There  shall  be  six  Councilmen  elected  from  each 


Doc.  No.  9.) 


36 


senatorial  district  in  the  city  of  New  York,  as  the  same 
now  are  or  may  hereafter  be  constituted  by  general  ticket, 
in  each  of  said  districts,  and  the  person  so  elected  from 
each  of  said  senatorial  districts,  shall  together,  form,  the 
Board  of  Councilmen  for  the  said  city.  The  Couocilmen 
shall  be  choben  for  one  year. 

§  5.  No  person  shall  be  eligible  to  the  office  of  Alder- 
man or  Councilman,  who  shall  not,  at  the  time  of  his 
election,  be  a  resident  of  the  district  from  which  he  is 
chosen. 

§  6.  Each  Board  of  the  Common  Council  shall  have 
power  to  direct  a  special  election  to  be  held,  to  supply  the 
place  of  any  member  whose  seat  shall  become  vacant  by 
death,  removal  from  the  city,  resignation,  or  otherwise, 
and  in  cither  case  the  person  elected  to  supply  the  vacan- 
cy shall  hold  hi.-?  scat  only  for  the  residue  of  the  term  of 
office  of  his  immediate  predecessor. 

§  7.  The  Boards  shall  meet  in  separate  chambers,  and 
a  majority  of  cither  shall  be  a  quorum  to.  do  business. 
Each  Hoard  shall  appoint  a  President  from  its  own  body, 
and  shall  choose  its  clerk  and  other  officers,  determine  the 
rules  of  its  own  proceedings,  and  be  the  judge  of  the 
election,  returns,  and  qualifications  of  its  own  members. 
Each  Board  shall  keep  a  journal  of  its  proceedings,  and 
its  doors  shall  be  kept  open,  except  when  the  public  wel- 
fare shall  require  secrecy;  and  all  resolutions  and  reports 
of  committees,  which  shall  recommend  any  specific  im- 
provement, involving  the  appropriation  of  public  moneys, 
or  the  taxing  or  assessing  the  cit  zens  of  the  city,  shall  be 
published  immediately  after  the  adjournment  of  the  Board, 
under  the  authority  of  the  Board,  in  all  the  newspapers 


37 


(Doc.  No.  9. 


employed  by  the  Corporation,  and  shall  not  be  passed  or 
adopted  until  after  such  notice  has  been  published  at  least 
two  days;  and  whenever  a  vote  is  taken  in  i-elation  there- 
to, the  ayes  and  noes  shall  be  called  and  published  in  the 
same  manner. 

§  8.  Each  Board  shall  have  the  authority  to  compel  the 
attendance  of  absent  members,  to  punish  its  membeis  for 
disorderly  behavior,  and  to  expel  a  member  with  a  con- 
currence of  two  thirds  of  the  members  elected  to  the 
Board;  and  the  member  so  expelled  shall,  by  such  expul- 
sion, forfeit  all  his  rights  and  powers  as  an  Alderman  or 
Councilman,  and  no  Alderman  or  Councilman  shall  be 
questioned  in  any  other  place  for  any  speech  or  vote  in 
either  Board. 

§  9.  The  stated  and  occasional  meetings  of  each  Board 
of  the  Common  Council,  shall  be  regulated  by  its  own 
ordinances;  and  both  Boards  may  meet  on  the  same  or  on 
different  days,  as  they  may  severally  judge  expedient. 

§  10.  Any  person  holding  office  under  this  charter,  who 
shall,  during  his  term  of  office,  accept,  hold  or  retain  any 
other  civil  ofSce  of  honor,  trust  or  emolument  under  the 
government  of  the  United  States,  or  under  this  charter, 
or  who  shall,  during  his  said  term  of  office,  receive  any 
fees  or  emoluments,  directed  to  be  paid  by  any  ordinance 
of  the  Common  Council,  except  as  hereinafter  provided, 
shall  be  deemed  thereby  to  have  vacated  his  office. 

§  11.  Every  legislative  act  of  the  Common  Council 
shall  be  by  ordinance,  act,  or  resolution  which  shall  have 
passed  the  two  Boards  of  Common  Council,  before  it 
shall  take  effect,  shall  be  presented,  duly  certified,  to  the 
Mayor  of  the  city  for  his  approval.    If  he  approve,  ho 


Doc.  No.  9.) 


88 


shall  sign  it;  if  not,  lie  shall  retura  it  within  ten  days 
thereafter,  with  his  objections,  to  the  Board  in  which 
it  originated,  or,  if  such  Hoard  be  not  then  in  session,  at 
its  next  stated  meeting.  The  Board  to  which  it  shall  be 
returned,  shall  enter  the  objections  at  large  on  their  jour- 
nal, and  cause  the  same  to  be  published  in  one  or  more  of 
the  daily  newspapers  of  the  city.  But  no  ordinance,  act 
or  resolution  shall  be  valid,  unless  the  same  shall  have 
received  the  assent  of  both  Boards  within  the  same  year. 

§  12.  The  Board  to  which  such  ordinance,  act  or  reso- 
lution shall  have  been  so  returned,  shall,  after  the  expira- 
tion of  not  less  than  ten  days  thereafter,  proceed  to  recon- 
sider the  same.  If,  after  such  reconsideration,  at  least 
two  thirds  of  all  the  members  elected  to  the  Board  shall 
agree  to  pass  the  same,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  Board,  by  which  it  shall  be  like- 
wise reconsidered,  and,  if  approved  by  at  least  two  thirds 
of  all  the  members  elected  to  such  Board,  it  shall  take 
effect  as  an  act  or  law  of  the  Corporation.  In  all  such 
cases,  the  votes  of  both  Boards  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  passage  of  the  ordinance  reconsidered,  shall 
be  entered  on  the  journal  of  each  Board  respectively. 

§  13.  If  the  Mayor  shall  not  return  the  ordinance  so 
presented  to  him  within  the  time  above  limited  for  that 
purpose,  it  shall  take  effect  in  the  same  manner  as  if  he 
had  approved  it. 

§  14.  Any  ordinance  of  the  Common  Council  may  ori- 
ginate in  either  Board,  and  when  it  shall  have  passed 
one  Board,  may  be  rejected  or  amended  by  the  other.  But 
no  ordinance  shall  be  passed  by  either  Board,  Qxcept, by 


39 


(Doc.  No.  9. 


the  vote  of  a  majority  of  all  the  members  elected  to  such 
Board. 

§  15.  Neither  the  Mayor  nor  Kecorder  of  the  city  of  Xew 
York,  shall  be  a  mciiib(U'  of  the  Common  Council  thereof. 

§  16.  The  executive  power  of  the  Corporation  shall  bo 
vested  in  the  Mayor  and  the  Executive  Departments. 

§  17.  Whenever  there  shall  be  a  vacancy  in  the  office  of 
Mayor,  or  whenever  the  Mayor  shall  be  absent  from  the 
city,  or  be  prevented  by  sickness,  or  any  other  cause,  from 
attending  to  the  duties  of  his  office,  or  shall  be  removed, 
as  hereinafter  provided  for,  the  President  of  the  Board 
of  Aldermen  shall  act  as  Mayor,  and  shall  possess  all  the 
rights  and  powers  of  the  Mayor,  during  the  contiuuanco 
of  such  vacancy,  absence  or  disability,  and  until  the  next 
charter  election,  in  the  case  of  a  vacancy  or  removal  from 
office. 

§  18.  It  shall  be  the  duty  of  the  Mayor — 

1.  To  communicate  to  the  Common  Council  at 
least  once  a  year,  and  oftener  if  he  shall  deem  it  ex- 
pedient, a  general  statement  of  the  situation  and 
condition  of  the  city,  in  relation  to  its  government, 
finances  and  improvements. 

2.  To  recommend  for  the  adoption  of  the  Common 
Council,  all  such  measures  connected  with  the  police, 
security,  health,  cleanliness  and  ornament  of  the  city, 
and  the  improvement  of  its  government  and  finances, 
as  he  shall  deem  expedient. 

3.  To  be  vigilant  and  active  in  causing  the  ordi" 
nonces  of  the  city  to  be  duly  executed  and  enforced. 

4.  To  exercise  a  constant  supervision  over  the  con- 


Doc.  No.  9.) 


40 


duct  and  acts  of  all  subordinate  officers,  and  to 
receive  and  examine  into  all  such  complaints  as  may 
be  preferred  against  any  of  them  for  violation  or 
neglect  of  duty,  and  generally  to  perform  all  sucb 
duties  as  may  be  prescribed  for  him  by  the  charter 
and  city  ordinances,  and  the  laws  of  this  state  or  the 
United  States. 

6.  To  appoint  such  clerks  as  may  be  authorized  by 
the  Common  Council,  and  as  may  be  required  in  his 
office,  to  aid  him  in  the  discharge  of  his  official  duties. 

§  19.  The  Mayor,  Comptroller  and  Counsel  to  the 
Corporation,  shall  each  be  elected  by  the  electors  of  the 
city;  the  Mayor  for  the  term  of  two  years,  the  Counsel  to 
the  Corporation  for  the  term  of  three  years,  and  the 
Comptroller  for  the  term  of  four  years.  The  Comptroller 
shall  be  voted  for  upon  a  separate  ballot.  The  other 
heads  of  departments  shall  be  appointed  by  the  Mayor, 
with  the  advice  and  consent  of  the  Board  of  Aldermen. 
The  Board  of  Aldermen  shall  have  power  to  confirm  or 
reject  all  nominations  of  officers  made  by  the  Mayor;  and 
whenever  any  person  nominated  by  the  Mayor  shall  be 
rejected  by  the  Board  of  Aldermen,  the  Mayor  shall  im- 
mediately nominate  another  person. 

§  20.  The  Mayor,  Comptroller  and  Counsel  to  the 
Corporation,  may  each  be  removed  by  the  governor,  for 
cause,  in  the  manner  provided  by  law  in  the  case  of  sher- 
iffs. The  vacancy  occasioned  by  the  removal  of  the 
Comptroller  or  Counsel  to  the  Corporation,  shall  be 
filled  by  the  Mayor,  with  the  advice  and  consent  of  the 
Board  of  Aldermen,  until  it  shall  be  supplied  at  the  next 
annual  election  of  charter  officers. 


41 


(Doc.  No.  9. 


§21.  The  other  heads  of  ihc  Executive  Dcpai  tmcnts, 
except  the  oHicers  of  the  Croton  Aqueduct  Board,  shall 
hold  their  office  for  two  years,  and  until  the  appointment 
of  tiieir  succe:>sors.  The  Mayor  ^^hall  have  power  to  sus- 
pend, for  cause,  during  any  recess  of  the  Common  Council, 
and  by  and  with  the  consent  of  the  Board  of  Aldermen,  to 
remove  any  of  the  heads  of  departments,  except  the  Comp- 
troller and  the  Counsel  to  the  Corporation,  which  suspen- 
sion, and  the  cause  thereof,  shall  be  communicated  to  the 
Common  Council,  if  in  session,  if  not,  then  at  the  lirst  meet- 
ing thereof.  The  Board  of  Aldermen  shall  have  power, 
without  the  consent  of  the  Mayor,  by  a  vote  of  two  thirds 
of  all  the  members  elected  to  remove  any  of  the  heads  of  de- 
partments,  for  cause,  other  than  the  Comptroller  and  Coun- 
sel to  the  Corporation.  The  heads  of  departments  shall 
have  power  to  appoint  and  remove  the  chiefs  of  bureaux 
and  clerks  in  their  respective  departments;  except  that  the 
Chamberlain  shall  be  appointed  by  the  Mayor,  with  the 
consent  of  the  Board  of  Aldermen,  and  may  be  removed 
in  the  same  manner  with  heads  of  departments.  The 
chiefs  of  bureaux  and  clerks  of  departments  and  bureaux, 
shall  hold  office  during  the  same  term  enjoyed  by  tho 
heads  of  departments,  unless  sooner  removed.  The  Chief 
Engineer  of  the  Fire  Dcjiartment  shall  be  elected  in  tho 
same  manner  as  is  now,  or  may  hereafter  be  prescril)ed  by 
law.  The  number  of  clerks  to  the  departments  shall  be 
as  iixed  by  the  Common  Council,  who  shall  also  fix  tho 
terms  of  all  offices  created  by  them  under  authority  of  law. 

§22.  There  shall  be  an  executive  department,  which 
shall  be  denominated  the  "Department  of  Finance,"  which 
shall  have  control  of  all  the  fiscal  concerns  of  the  Corpora- 
tion, and  shall  prescribe  the  forms  of  keeping  and  render- 


Doc.  No.  9.) 


i2 


ing  all  city  accounts;  and  all  accounts  rendered  to^  or 
kept  in  the  other  departments  of  the  city  government, 
shall  be  subject  to  the  inspection  and  revision  of  the  offi- 
cers of  this  department.  It  shall  settle  and  adjust  all 
claims  in  favor  of  or  against  the  Corporation,  and  all  ac- 
counts in  which  the  Corporation  is  concerned  either  as 
debtor  or  creditor.  The  chief  officer  of  this  department 
shall  be  called  the  "  Comptroller  of  the  city  of  New  York.'^ 
There  shall  be  a  bureau  in  this  department  for  the  col- 
lection of  the  revenue  accruing  from  rents  and  interest 
on  bonds  and  mortgages,  and  for  the  collection  of  all 
revenues  arising  from  the  use  or  sale  of  property  belong- 
ing to  or  managed  by  the  city,  and  for  the  performance 
of  such  other  duties  as  may  be  directed  by  the  Common 
Council;  the  chief  officer  of  which  shall  be  called  the 
"  Collector  of  the  City  Revenue. There  shall  also  bo 
a  bureau  in  this  department  for  the  collection  of  taxes; 
the  chief  officer  thereof  shall  be  called  the  "  Receiver 
of  Taxes,"  who  shall  have  all  the  powers  and  perform  all 
the  duties  now  prescribed  by  law  for  the  Receiver  of  Taxes, 
and  the  office  of  Receiver  of  Taxes,  as  heretofore  consti- 
tuted, and  the  provisions  of  law  relating  to  him  are  hereby 
modified  so  as  to  conform  to  the  provisions  of  this  act. 
There  shall  also  be  a  bureau  in  this  department  for  the  col- 
lection of  arrears  of  taxes,  arrears  of  assessments  and  ar- 
rears of  water  rents,  the  chief  officer  of  which  shall  be 
called  the  "  Clerkof  Arrears."  There  shall  also  be  a  bureau 
in  this  department  for  the  reception  of  all  moneys  paid  into 
the  treasury  of  the  city,  and  for  the  payment  of  moneys 
on  the  warrant  drawn  by  the  Comptroller,"and  counter- 
signed by  the  Mayor  and  Clerk  of  the  Common  Council; 
and  the  chief  officer  thereof  shall  be  called  the  '*  Chamber- 


/ 


43 


(Doc.  No.  9 


Iain  of  the  city  of  Nqw  York."  The  Cluitnborlaiii  s-liall 
keep  books,  showinf]:  the  amounts  paid  on  account  of  tho 
several  appropriations;  and  no  warrants  slmll  be  paid  on 
account  of  any  appropriations  after  the  amount  authorized 
to  be  raised  by  tax  for  that  specific  j)urposc!  shall  have 
been  expended.  There  shall  be  another  bureau  in  the  De- 
partment of  Finance,  to  be  called  the  ''Auditing  Bureau/' 
and  the  chief  officer  thereof  shall  be  the  "  Auditor  of  Ac- 
counts.It  shall  revise,  audit  and  settle  all  accounts  in 
which  the  city  is  concerned  as  debtor  or  creditor;  it  shall 
keep  an  account  of  each  claim  for  or  against  the  Corpora- 
tion, and  of  the  sums  allowed  upon  each,  and  certify  the 
same,  with  the  reasons  for  the  allowance,  to  the  Comp- 
troller. The  Comptroller  shall  report  to  the  Common 
Council,  once  in  ninety  days,  the  name  of  every  person 
in  whose  favor  an  account  has  been  audited,  with  the 
decision  of  the  Auditor  upon  the  same,  together  with  the 
final  action  of  the  Comptroller  thereon.  All  moneys  drawn 
from  the  city  treasury  shall  be  upon  vouchers  for  the  ex- 
penditure thereof,  examined  and  allowed  by  the  Auditor, 
and  approved  by  the  Comptroller  and  filed  in  his  oCTicc. 

§  23.  There  shall  be  an  executive  department,  wliich 
shall  be  denominated  the  "  Street  Deportment,"  which 
shall  have  cognizance  of  opening,  altering,  regulating, 
grading,  flagging,  curbing,  guttering  and  lighting  streets, 
roads,  places  and  avenues;  of  building,  repairing  and 
lighting  wharves  and  piers,  the  construction  and  repairing 
of  public  roads,  the  care  of  public  buildings  and  places, 
and  the  filling  up  of  sunken  lots,  under  the  ordinances  of 
the  Common  Council.  Tho  chief  officer  thereof  shall  bo 
called  "  Street  Commissioner."  There  shall  be  a  bureau 
in  this  department,  tho  chief  officer  of  which  shall  bo 


Doc.  No.  9.j 


44 


called  the  "Superintendent  of  Wharves."  There  shall 
also  be  a  bureau  in  this  department,  to  be  denominated 
the  "  Bureau  of  Repairs  and  Supplies,"  which  shall  have 
cognizance  of  all  repairs  and  supplies  to  public  buildings, 
lands  and  places,  and  of  all  other  necessary  repairs  and 
supplies  not  provided  for  in  other  departments,  the  chief 
officer  thereof  shall  be  a  practical  builder,  and  he  shall  be' 
called  the  "  Superintendent  of  Repairs  and  Supplies.'' 
There  shall  also  be  a  bureau  in  this  department,  to  be  de- 
nominated the  "  Bureau  of  Lamps  and  Gas,"  the  chief 
officer  of  which  shall  be  called  "  Superintendent  of  Lamps 
and  Gas."  The  Chief  Engineer  of  the  Fire  Department 
shall  have  a  bureau  under  the  Street  Department,  and 
shall  have  charge  of  repairing  fire  engines  and  fire  ap- 
paratus. There  shall  be  a  bureau  in  this  department,  the 
chief  officer  of  which  shall  be  called  the  "  Superintendent 
of  Roads."  There  shall  be  a  bureau  in  this  department 
for  the  collection  of  assessments,  and  the  chief  officer 
thereof  shall  be  called  the  "  Collector  of  Assessments." 
There  shall  be  a  bureau  in  this  department  for  grading, 
flagging,  curbing  and  guttering  sti'cets,  the  chief  officer 
of  which  shall  be  called  the  Superintendent  of  Street 
Improvements." 

§  24.  There  shall  continue  to  be  an  executive  depart- 
ment, under  the  denomination  of  the  "  Croton  Aqueduct 
Board,"  which  shall  have  charge  of  the  Croton  Aqueduct, 
and  all  structures  and  property  connected  with  the  supply 
and  distribution  of  Croton  Avatcr  in  the  city  of  New  York, 
and  the  under-ground  drainage  of  the  same;  and  the  public 
sewers  of  said  city,  and  permits  for  street  vaults,  and  of 
paving,  rcpaving  and  repairing  streets,  and  digging 
and  constructing  wells;  and  the  collection  of  the  revenues 


45 


(Doc.  No.  9. 


arising  from  the  sale  of  the  Croton  water,  witli  such  other 
powers  and  duties  as  are  or  may  be  prescribed  by  law. 
The  chief  officers  thereof  shall  be  called  the  "  President, 
Engineer  and  Assistant  Commissioner,"  who,  toL^etlicr 
shall  form  the  Croton  Aqueduct  Board,  and  hold  their 
offices  for  five  years.    There  shall  be  a  bureau  in  this  de- 
partment for  the  collection  of  the  reveuues  derived  from 
the  sale  of  the  water,  and  the  chief  officer  thereof  shall  bo 
called  the  "  Water  Registrar.''    There  shall  also  bo  a 
bureau  in  this  department  for  the  laying  of  water  pipes, 
and  the  construction  and  repairs  of  sewers,  wells  and  hy- 
drants; paving,  repaving  and  repairing  streets,  the  chief 
officer  of  which  shall  be  called  the  "  Water  Purveyor." 

§  25.  There  shall  continue  to  be  an  executive  depart- 
ment known  as  the  "  Alms-house  Department,"  which  shall 
have  cognizance  of  all  matters  relating  to  the  xVlms-houso 
and  Prisons  of  said  city;  the  chief  officers  thereof  shall 
be  called  the  "  Governors  of  the  Alms-house;"  they  shall 
take  and  hold  their  offices  as  provided  by  the  act  enti- 
tled "  An  act  to  provide  for  the  government  of  the  Alms- 
house and  Penitentiary  in  the  city  and  county  of  New 
York,"  and  be  charged  with  the  duties,  powers  and  re- 
sponsibilities prescribed  by  that  act.    All  ordinary  appro- 
priations intended  for  the  support  and  government  of  the 
Alms-house  Department  proposed  by  the  Governors  of 
the  Alms-house,  shall,  before  the  same  are  finally  made, 
be  submitted  by  the  governors  to  a  B  )ard  consisting  of 
the  President  of  the  Board  of  Aldermen,  and  the  Presi- 
dent of  the  Board  of  Couucilracn,  Mayor  and  Comptroller. 
If  said  Board  approve  of  the  appropriations,  it  shall  im- 
mediately report  the  same  to  the  Supervisors  of  the  county 
of  New  York;  if  it  shall  disapprove  of  the  same,  it  shall 


Doc.  No.  9.) 


46 


return  them  with  objections  to  the  Governors  of  the  Alms- 
house for  their  reconsideration;  and  in  case  the  said  gov- 
ernors shall,  upon  a  reconsideration,  adhere,  bj  a  vote  of 
two  thirds  of  all  the  governors  then  in  ofiSce,  to  the  ori- 
ginal appropriations,  they  shall  return  them  to  the  said 
Board,  whose  duty  it  shall  be  to  report  to  the  Supervisors. 
The  Board  of  Education  shall  also  submit,  in  like  manner, 
all  appropi-iations  required  by  it,  and  said  appropriations 
shall  be  subject  to  all  the  provisions  of  this  section,  so  far 
as  the  same  may  be  applicable. 

§  26.  There  shall  be  an  executive  department  known  as 
the  "Law  Department,"  which  shall  have  the  charge  of, 
and  conduct  all  the  law  business  of  the  Corporation,  and 
of  the  departments  thereof,  and  all  other  law  business  in 
which  the  city  shall  be  interested,  when  so  ordered  by  the 
Corporation;  and  shall  have  the  charge  of  and  conduct 
the  legal  proceedings  necessary  in  opening,  widening  or 
altering  streets,  and  draw  the  leases,  deeds  and  other  pa- 
pers connected  with  the  Financial  Department;  and  the 
chief  officer  thereof  shall  be  called  the  "  Counsel  to  the 
Corporation."  Tliere  shall  be  a  bureau  in  this  depart- 
ment, the  chief  officer  of  which  shall  be  denominated  the 
"  Corporation  Attorney."  There  shall  be  also  a  bureau 
in  this  department,  the  chief  officer  of  which  shall  be 
called  the  "Public  Administrator." 

§  27.  There  shall  be  an  executive  department  known  as 
the  "  City  Inspector's  Department,"  the  chief  officer  of 
which  shall  be  the  "  City  Inspector,"  and  shall  have 
cognizance  of  all  matters  affecting  the  public  health,  pur- 
suant to  the  ordinances  of  the  Common  Council,  and  the 
lawful  requirements  of  the  Commissioners  of  Health  and 


47 


(Doc.  No.  y. 


of  the  Board  of  Health.  There  shall  be  a  bureau  in  the 
City  Inspector's  Department,  to  be  called  the  "Bureau 
of  Sanitary  Inspection  and  Street  Cleaning, under  the 
control  of  an  officer  named  the  "Superintendent  of  Sani- 
tary Inspection,'^  and  who  shall  render  such  services  as 
by  ordinance  may  attach  to  said  bureau,  in  cleaning  the 
Btrcets  and  in  the  abatement  and  removal  of  nuisances 
detrimental  to  the  public  health  in  said  city.  There  shall 
also  be  a  bureau  in  this  department,  to  be  known  as  the 
"Bureau  of  Records  and  Statistics,"  and  which  shall  bo 
under  the  direction  of  the  Ilegistrar  of  Records,  and  in 
which  bureau  shall  bo  kept  all  records  which  may  by  law 
or  ordinance  be  required  to  bo  kept  in  said  department. 
The  Coroners  in  and  for  the  city  and  county  of  New  York, 
shall  mak(^  return  to  the  City  Inspector  of  all  inquisitions 
taken  by  them  in  the  said  city  and  county,  (excepting 
those  charging  homicidC:  or  felonious  assault,  which  shall 
be  tiled  with  the  Clerk  of  the  Court  of  General  Sessions.) 
There  shall  also  be  a  bureau  in  this  department  for  the 
inspection,  regulation  and  m;inagemcnt  of  the  public  mar- 
kets, the  chief  officer  of  which  shall  be  denominated 
"Superintendent  of  Markets."  And  it  shall  be  the  duty 
of  the  Croton  Aqueduct  Department  at  all  times,  to  per- 
mit the  City  Inspector  to  order  the  hydrants  to  be  used 
for  cleansing  the  streets,  provided  that  such  use  shall  not 
endanger  the  general  supply  of  the  Croton  water  and  shall 
be  used  under  such  regulations  as  the  Croton  Aqueduct 
Board  may  prescribe.  The  City  Inspectoi"  sl>al],  after  the 
passage  of  this  act,  appoint  such  number  of  Inspectors  and 
Sealers  of  Weights  and  Measures  as  now  or  may  hereafter 
exist,  and  who  shall  succeed  to  all  the  powers  and  per- 
form the  duties,  and  receive  compensation  as  now  by  law 


Doc.  No.  9.) 


48 


prescribed,  and  shall  hold  oflBce  upon  the  same  terras  as 
chiefs  of  bureaux, 

§  28.  It  shall  be  lawful  for  the  Common  Council  of  said 
city  to  establish  such  other  bureaux  as  they  may  deem  the 
public  interest  may  require,  and  to  assign  to  theim,  and  to 
the  departments  and  bureaux  herein  created,  such  duties 
as  they  may  direct,  not  inconsistent  with  this  act.  and  the 
duties  thereof  shall  be  performed  in  accordance  with  the 
charter  and  laws  and  ordinances  of  the  city;  but  no  ex- 
pense shall  be  incurred  by  any  of  the  departments  or  offi- 
cers thereof,  whether  the  object  of  expenditure  shall  have 
been  ordered  by  the  Common  Council  or  not,  unless  an 
appropriation  shall  have  been  previously  made  covering 
such  expense.  And  no  member  of  the  Common  Council, 
head  of  department,  chief  of  bureau,  deputy  thereof,  or 
cleik  therein,  or  other  officer  of  the  Corporation,  shall  be 
directly  or  indirectly  interested  in  any  contract,  work  or 
business,  or  the  sale  of  any  article,  the  expense,  price  or 
consideration  of  which  is  paid  from  the  city  treasury,  or 
by  any  assessment  levied  by  any  act  or  ordinance  of  the 
Common  Council;  nor  in  the  purchase  of  any  real  estate, 
or  other  property  belonging  to  the  Corporation,  or  which 
shall  bo  sold  for  taxes  or  assessments,  or  by  virtue  of  legal 
process  at  the  suit  of  the  said  Corporation. 

§  29.  The  Mayor,  or  either  Board  of  Common  Council, 
may  at  any  time  require  the  opinion  in  writing  of  the 
head  of  any  department  upon  any  subject  relating  to  his 
department,  or  any  information  possessed  by  him  in  rela- 
tion thereto.  And  every  head  of  department  shall  report, 
in  writing,  to  the  Common  Council,  quarterly,  the  state  of 
his  department,  with  such  suggestions  in  relation  to  the 


49 


(Doc  No.  9 


improvement  thereof,  and  to  the  public  business  connected 
therewith,  as  he  may  deem  advisable. 

§30.  It  shall  be  the  duty  of  the  Common  Council  to 
provide  for  the  accountability  of  all  officers  aud  other 
persons  to  whom  the  receipt  or  expenditure  of  the  funds 
of  the  city  shall  be  intrusted,  by  requiring  from  them  suf- 
ficient security  for  the  performance  of  their  duties  or 
trust,  which  security  shall  be  annually  renewed;  but  the 
security  first  taken  shall  remain  in  force  until  new  secu- 
rity shall  be  given. 

§  31.  Annual  and  occasional  appropriations  shall  be 
made  by  proper  ordinances  of  the  Common  Council,  for 
every  branch  and  object  of  city  expenditure;  and  no  money 
shall  be  drawn  from  the  city  treasury  except  the  same 
shall  have  been  previously  appropriated  to  the  purpose 
for  which  it  is  drawn. 

§  32.  Until  the  Common  Council  shall  otherwise  direct, 
the  existing  ordinances  shall  apply  to  the  departments 
herein  mentioned,  so  far  as  the  same  are  applicable  there- 
to, and  not  inconsistent  with  this  act. 

§  33.  The  Common  Council  shall  not  have  authority  to 
borrow  any  sums  of  money  whatever  on  the  credit  of  the 
Corporation,  except  in  anticipation  of  the  revenue  of  the 
year  in  which  such  loan  shall  be  made,  unless  authorized 
by  a  special  act  of  the  legislature- 

§  34.  It  shall  be  the  duty  of  the  Comptroller  to  pub- 
lish, two  months  before  the  annual  election  of  charter  offi- 
cers in  each  year,  for  the  general  information  of  the  citi- 
zens of  New  York,  a  full  and  detailed  statement  of  the 
4 


Doc.  No.  9.) 


60 


receipts  and  expenditures  of  the  Corporation  durinf^  tho 
year  ending  on  the  first  day  of  the  month  in  which  such 
publication  is  made;  and  in  every  such  statement,  tlic  dif- 
ferent sources  of  city  revenue,  and  the  amount  received 
from  each;  the  several  appropriations  made  by  the  Com- 
mon Council,  the  objects  for  which  the  same  were  made, 
and  the  amount  of  moneys  expended  under  each;  tlie  mo- 
neys borrowed  on  the  credit  of  the  Corporation,  the  au- 
thority under  which  each  loan  was  made,  and  the  terms 
on  which  the  same  was  obtained,  shall  be  clearly  and  par- 
ticularly specified. 

§  35.  No  tax  or  penalty  shall  licreafter  be  imposed  upon 
or  collected  of  any  person,  nor  license  required  for  selling 
or  exposing  for  sale  upon  his,  her  or  their  own  premises 
in  said  city,  any  wholesome  article  of  food ;  nor  for  selling 
such  articles  in  such  [)arts  of  the  btreets  of  said  city  as  ma}^ 
be  designated  by  the  Commor.  Council  for  that  j)urpose. 

§  30.  The  Clerk  of  the  Board  of  Aldermen  slmll,  by 
virtue  of  his  oiricc,  be  Clerk  of  the  Common  Conticil,  and 
shall  perform  all  the  duties  heretofore  performed  by  the 
Clerk  of  the  Common  Council,  excef)t  such  as  t^hall  be  as- 
signed to  the  Clerk  of  the  Board  of  Councilmcn;  and  it 
shall  be  his  duty  to  keep  open  for  inspection,  al  all  I'ca- 
sonable  limes,  the  records  and  minutes  of  the  proceedings 
of  the  Common  Co.mcil,  except  such  as  shall  l>e  specially 
ordered  otherwise.  The  Clerk  of  each  Board  shall  ap- 
point, and  may  i-cmove  at  plea:ui-e,  deputy  clerks  in  his 
department,  to  the  number  authorized  by  ordinance.  The 
Clerk  of  the  Comtnon  Council  shall  keep  the  seal  of  tho 
city;  and  his  signature  ^hall  be  necessary  to  all  leases, 
grants,  and  other  documents,  as  under  existing  laws. 


51 


Doc  No.  9. 


§  37.  It  shall  be  Iho  duty  of  tlic  Clerks  of  the  respect- 
ive Boards  to  publish  all  ordinances  and  amendments  of 
ordinances  which  shall  be  passed,  and  also  the  proceed- 
ings, in  the  newspapers  which  may  be  employed  by  the 
Corporation,  except  such  parts  as  may  require  secrecy; 
and  whenever  a  vote  shall  bo  taken  in  cither  Ijoard,  upon 
the  passage  of  an  ordinance  which  shall  contemplate  any 
Bpecific  improvement,  or  involve  the  sale,  disposition  or 
appropriation  of  public  property,  or  the  expenditure  of 
public  moneys  or  income  therefrom,  or  lay  any  tax  or 
assessment,  such  ordinance  shall,  before  the  same  shall  be 
sent  to  the  other  Board,  and  immediately  after  the  ad- 
journment of  the  Board  at  which  the  same  i^hall  have  been 
passed,  be  published  witli  the  yeas  and  nays,  and  wiih  the 
names  of  the  persons  voting  for  and  against  the  same,  in 
the  newspapers  employed  by  the  Corporation,  as  part  of 
the  proceedings;  and  no  ordinance  which  sliall  have 
passed  one  Board  shall  bo  acted  upon  by  the  other  Board 
on  the  same  day,  unless  by  unanimous  consent,  except  in 
case  of  invasion,  insurrection,  riot  or  pestilence. 

§38.  iMl  contracts  to  be  made  or  let  by  authority  of 
the  Counnon  Council,  for  work  to  bo  done  or  supf)lies  to 
be  furnished,  and  all  sab  s  of  personal  property  in  tiie  cus- 
tody of  the  e-everal  de[iartmc;its  or  bureaux,  siiall  be  made 
by  the  appropriate  heads  of  departme-i ts,  under  such  reg- 
ulations as  shall  be  establish.'d  by  onliiianecs  of  the 
Common  Council.  Whenever  any  work  is  necessaiy  to  be 
done  to  complete  or  perfect  a  ))arti(Milar  job,  or  any  sup- 
ply is  needful  for  any  pariicular  pur[)ose,  which  work  and 
job  is  to  be  undertaken  or  supnly  furnishe  d  lor  ih'»  Cor- 
poration, and  the  several  pai  Ui  of  the  said  wuik  oi  sujj])ly 


DoCo  No»  9.) 


52 


shall  together  involve  the  expenditure  of  more  than  two 
hundred  and  fifty  dollars,  the  same  shall  be  by  contract, 
under  such  regulations  concerning  it  as  shall  be  establish- 
ed by  ordinance  of  the  Common  Council,  unless  by  a  vote 
of  three  fourths  of  the  members  elected  to  each  Board,  it 
shall  be  ordered  otherwise;  and  all  contracts  shall  be  en- 
tered into  by  the  appropriate  heads  of  departments,  and 
shall  be  founded  on  sealed  bids  or  proposals,  made  in  com- 
pliance with  public  notice  advertised  in  such  of  the  news- 
papers of  the  city  as  may  be  employed  by  the  Corporation 
for  the  purpose;  said  notice  to  be  published  for  at  least 
ten  days  in  each  of  the  daily  newspapers  so  employed;  and 
all  such  contracts,  when  given,  shall  be  given  to  the  low- 
est bidder,  the  terms  of  whose  contract  shall  be  settled  by 
the  Corporation  Counsel  as  an  act  of  preliminary  specifi- 
cation to  the  bid  or  proposal,  and  who  shall  give  security 
for  the  faithful  performance  of  his  contract,  in  the  manner 
prescribed  and  required  by  ordinance;  and  the  adequacy 
and  sufficiency  of  this  security  shall,  in  addition  to  the  jus- 
tification and  acknowledgment,  be  approved  by  the  Comp- 
troller.   All  bids  or  proposals  shall  be  publicly  opened 
by  the  officers  for  advertising  the  same,  and  in  the  presence 
of  the  Comptroller.    If  the  lowest  bidder  shall  neglect 
or  refuse  to  accept  the  contract  within  forty-eight  hours 
after  written  notice  that  the  same  has  been  awarded  to 
his  bid  or  proposal,  it  shall  be  readvertised  and  relet  as 
above  provided.    All  property  sold  under  the  authority 
of  the  Common  Council  shall  be  sold  at  auction,  after 
previous  public  notice,  under  the  superintendence  of  the 
appropriate  head  of  department.    Every  contract,  when 
made  and  entered  into  as  before  provided  for,  shall  be  ex- 
ecuted in  duplicate,  and  shall  be  filed  in  the  Department 


53 


(Doc.  No.  9. 


of  Finance;  a  receipt  for  each  payment  made  on  account 
of,  or  in  satisfiction  of,  the  same,  shall  bo  indorsed  on  the 
said  contract  by  the  party  receiving  the  warrant,  which 
warrant  shall  be  only  given  to  the  person  interested  in 
such  contract,  or  his  authorized  representative.  The  pro- 
ceeds of  all  sales  made  under  and  by  virtue  of  this  section, 
shall  be,  by  the  oflicer  receiving  the  same,  immediately 
deposited  with  the  City  Chan^berlain,  and  the  account  of 
sales,  verified  by  the  officer  making  the  sale,  shall  be  im- 
mediately filed  in  the  office  of  the  Comptroller.  No  ex- 
penditure for  work  or  supplies,  involving  an  amount  for 
which  no  contract  is  required,  shall  be  made,  except  tho 
necessity  therefor  be  certified  to  by  the  head  of  the  appro- 
priate department,  and  the  expenditure  be  authorized  by 
the  Common  Council. 

§  39-  Every  person  elected  or  appointed  to  any  office 
under  the  city  government,  shall  on  or  before  the  first  day 
of  January  next  succeeding  each  election,  or  wiihin  five 
days  after  notice  of  such  appointment,  take  and  subscribe 
an  oath  or  affirmation,  faithfully  to  perfoi  ni  the  duties  of 
his  office;  which  oath  or  affirmation  shall  be  filed  in  the 
Mayor's  office. 

§  40.  Any  officer  of  the  city  government,  or  person  em- 
ployed i^  its  service,  who  shall  wilfully  violate  or  evado 
any  of  the  provisions  of  this  charter,  or  commit  any  fraud 
upon  the  city,  or  convert  any  of  tho  public  property  to  his 
own  use,  or  knowingly  permit  any  other  person  so  to  con- 
vert it,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  in 
addition  to  the  penalties  imposed  by  law,  shall  forfeit  his 
office,  and  be  excluded  forever  alter  from  receiving  or 
holding  any  office  under  the  city  charter;  and  any  per- 


Doc.  No.  9.) 


54 


son  wlio  shall  wilfully  swear  falsely  in  any  oath  or  affirm- 
ation required  by  this  act,  shall  be  guilty  of  perjury. 

§  41.  All  ferries,  docks,  piers  and  slips  shalTbc  leased; 
and  all  sales  of  public  property  and  franchises  (other  than 
grants  of  land  under  water,  to  which  the  owners  of  the 
upland  have  a  pre-emptive  right)  shall  be  made  by  public 
auction,  and  to  the  highest  bidder  who  will  give  adequate 
security.  No  lease  hereafter  given  (except  as  the  same 
may  be  required  by  covenants  of  the  Corporation  already 
existing,)  shall  be  for  a  longer  period  than  ten  years,  and 
all  ferry  leases  shall  be  revocable  by  the  Common  Council 
for  mismanagement  or  neglect  to  provide  adequate  accom- 
modations. All  persons  acquiring  any  ferry  lease  or 
other  franchise  or  grant  under  the  provisions  of  this  act, 
shall  be  required  to  purchase,  at  a  fair  appraised  valua- 
tion, the  boats,  buildings  and  other  property  of  the  former 
lessees  or  grantees,  actually  necessary  for  the  purposes  of 
such  ferry  grant  or  franchise.  Previous  notice  of  all 
sales  referred  to  in  this  section  shall  be  given,  under  the 
direction  of  the  Comptroller,  in  the  newspapers  employed 
by  the  Corporation,  and  for  thirty  days  in  each  of  the 
daily  newspapers  so  employed. 

§  42.  No  money  shall  be  expended  by  the  Corporation 
for  any.  celebration,  procession  or  entertainment  of  any 
kind,  or  on  any  occasion,  unless  by  the  votes  of  three 
fourths  of  all  the  members  elected  to  each  Board  of  the 
Common  Council. 

§  43.  The  Common  Council  arc  hereby  authorized  and 
directed  to  make  all  necessary  arrangements  for  the  con- 
duct and  regulation  of  all  elections  authorized  under  the 
provisions  of  this  act,  and  in  conformity,  as  far  as  may 


55 


(Doc.  No.  9. 


be,  to  the  j',cncral  election  lawa,  except  as  herein  other- 
wise |)i()vi(if(3. 

§  44.  No  oIFiecr  under  tliis  charter,  except  the  (.'ollector 
of  City  Kevcnue,  Collector  of  Asjicssinents,  (Jlerk  oC  Ar- 
rears, Counsel  to  the  Corporation,  or  Inspector  of  Vea- 
sclrf,  shall  have  or  receive  from  tlie  Corporation  or  city 
treasui-y,  any  perquisites  or  any  compensation  or  com  Mis- 
sion for  his  services,  exce|)t  a  salary,  cxce[)t  that  the  City 
Inspector  may  receive  to  his  own  use  such  portion  of  the 
fees  allowed  for  the  recording  births  and  marriages,  as 
are  or  may  be  prescribed  by  law.  The  salaries  of  all  offi- 
cers provided  for  by  this  act,  or  that  may  be  created  by 
the  Common  Council  in  pursuance  of  this  act,  shall  be 
prescribed  by  ordinance,  to  be  passed  by  the  Common 
Council,  and  approved  as  hereinoefore  provided,  for  the 
approval  of  all  ordinancoH,  for  raising  and  appropriating 
the  money  or  disposing  of  the  property  of  the  city;  and 
any  fees  that  now  are,  or  hereafter  may  be  provided  for 
any  odicer  under  this  charter,  except  as  aforesaid,  shall, 
on  the  receipt  thereof,  be  paid  by  such  officer  into  the  city 
treasury.  No  member  of  the  Common  Council  shall  re- 
ceive any  compensation  for  his  services  as  such  member. 

§45.  All  officers  or  other  persons  to  wliom  the  receipts 
or  expenditures  of  the  city,  or  fees  or  funds  payable  into 
the  city  treasury,  shall  be  intrusted,  shall  give  sufficient 
security  for  the  faithful  performance  of  their  duty  in  such 
form  and  amount  as  the  Com>mon  Council  may  prescribe, 
which  shall  be  annually  renewed. 

§  46  No  additional  allowance,  beyond  the  legal  claim, 
under  any  contract  with  the  Corporation  or  for  any  services 
on  its  account  or  in  its  em[)loyment,  shall  ever  be  allowed. 

§  17.  No  bid  shall  be  accepted  from,  or  contract  award- 


Doc.  No.  9.) 


56 


ed  to,  any  person  who  is  in  arrears  to.  the  Corporation, 
upon  debt  or  contract,  or  who  is  a  defaulter,  as  surety  or 
otherwise,  upon  any  obligation  to  the  Corporation. 

§  48.  No  Alderman  shall  hereafter  sit  or  act  as  Judge 
of  the  Court  of  Oyer  and  Terminer,  or  in  the  Courts  of 
General  or  Special  Sessions  in  the  city  and  county  of 
New  York;  but  this  section  shall  not  prevent  his  exercis- 
ing the  power  of  magistrate  in  the  arrest,  commitment  or 
bailing  of  offenders,  excepting  that  he  cannot  let  to  bail  or 
discharge  a  person  arrested  or  committed  by  another  mag- 
istrate. Courts  of  Oyer  and  Terminer,  in  and  for  the 
city  and  -county  of  New  York,  may  be  held  by  a  Justice  of 
the  Supreme  Court  and  the  Court  of  General  Sessions  in 
and  for  the  said  city  and  county,  by  the  Recorder  or  City 
Judge  of  the  said  city  and  county;  of  Special  Sessions 
therein,  by  any  two  Police  Justices  of  said  city,  and  when 
either  of  the  said  courts  shall  be  held  as  aforesaid,  all  the 
powers  and  jurisdiction  appertaining  by  law  to  each  of 
said  courts,  shall  be  possessed  and  exercised  by  the  officer 
or  officers  holding  the  same. 

§  49.  Tlie  grand  jury  of  the  county  may  present  any 
officer  other  than  Mayor,  Counsel  to  the  Corporation  or 
Comptroller,  created  by  or  holding  office  under  this  char- 
ter, but  only  upon  testimony  from  witnesses  who  are  per- 
sonally cognizant  of  the  facts  they  testify  to,  and  after 
the  person  so  charged  shall  have  iiad  a  reasonable  oppor- 
tunity to  appear  before  said  grand  jury  in  person,  in  expla- 
nation thereof.  This  presentment  may  charge  such  officer 
with  wilful  and  fraudulent  omission  of  duty,  or  commis- 
sion of  any  official  act  prohibited  by  law.  It  shall  be  filed 
with  the  clerk  of  the  court  to  which  the  presentment  is 
made.    A  copy  shall  be  served  upon  the  officer  afore- 


57 


(Doc.  No.  9. 


said,  who  shall  ^  be  required  lo  plead  thereto  as  to  an 
indictment.  If  he  admit  the  charges  of  the  present- 
ment so  filed*  and  served,  the  court  shall  declare  his  office 
vacant.  If  he  deny  them,  the  said  presentment  shall  bo 
tried  in  the  same  manner  as  an  indictment.  If  the  jary 
convict  him  of  any  char^^e  contained  in  the  presentment, 
the  court  shall  then  declare  his  office  vacant.  The  court 
shall  order  its  declaration,  if  the  person  so  presented  shall 
be  found  guilty,  to  be  entered  on  its  minutes,  and  a  copy 
thereof  tiled  with  the  Clerk  of  the  Common  Council,  and 
thereupon  the  said  office  shall  become  vacant,  and  the 
person  so  convicted  shall  forever  be  disqualified  from 
holding  any  office,  not  elective,  under  the  city  charter. 

§  50.  The  city  of  New  York  shall  be  divided  into  sev- 
enteen aldermanic  districts,  as  follows: 

The  first  district  shall  consist  of  all  that  part  of  the  city 
south  of  a  line  drawn  from  the  Hudson  river  throuf^h  the 
middle  of  Chambers  street  to  the  middle  of  Duane  street, 
down  the  middle  of  Duane  street  to  Rose  street,  down  the 
middle  of  Rose  street  to  Frankfort  street,  down  the  mid- 
dle of  Frankfort  street  to  Pearl  street,  down  the  middle 
of  Pearl  street  to  Dover  street,  and  down  the  middle  of 
Dover  street  to  the  East  river. 

The  second  district  shall  be  bounded  southerly  by  the 
first  district,  then  up  the  middle  of  Broadway  from 
Chambers  to  Franklin  street,  down  the  centre  of  Frank- 
lin to  Baxter  street,  up  the  centre  of  Baxter  to  Bayard 
steeet,  through  the  centre  of  Bayard  to  Bowery,  down  the 
centre  of  Bowery  to  Catharine  street,  and  down  the  cen- 
tre of  Catharine  street  to  East  river,  and  east  by  iho 
river. 


Doc.  No.  9.) 


58 


The  third  district  shall  be  bounded  southerly  by  tho 
first  district,  then  up  the  middle  of  Broadway  from 
Chambers  street  to  Spring  street/ through  the  middle  of 
Spring  street  to  Hudson  river,  and  west  by  the  river. 

The  fourth  district  shall  be  bounded  southerly  by  the 
second  district,  then  up  the  middle  of  Broadway  from 
Franklin  to  Grand  street,  through  the  centre  of  Grand 
street  to  Clinton  street,  down  the  centre  of  Clinton  street 
to  East  river,  and  east  by  the  river. 

The  fifth  district  shall  be  bounded  southerly  by  the 
third  district  then  by  a  line  drawn  up  the  middle  of 
Broadway,  from  Spring  street  to  Fourth  street,  thence 
through  the  centre  of  Fourth  street  to  Christopher  street, 
and  through  the  centre  of  Christopher  street  to  Hudson 
river,  and  west  by  the  river. 

The  sixth  district  shall  be  bounded  southerly  by  the 
fourth  district,  then  by  a  line  drawn  up  the  middle  of 
Broadway  from  Grand  street  to  Houston  street,  then  down 
the  middle  of  Houston  street  to  Clinton  street,  and  down 
the  middle  of  Clinton  street  to  Grand  street. 

The  seventh  district  shall  be  bounded  southerly  by  the 
fifth  district,  then  by  a  line  drawn  up  ihe  middle  of 
Broadway  from  Fourth  to  Fourteenth  street,  and  through 
the  centre  of  Fourteenth  street  to  Hudson  river,  and 
west  by  the  river. 

Tho  eighth  district  shall  be  bounded  south  and  east  by 
the  East  river,  on  the  west  and  north  by  a  line  drawn 
from  the  river  up  the  middle  of  Clinton  street  to  Houston 
street,  and  down  the  middle  of  Houston  street  to  said 
river. 

The  ninth  district  shall  be  bounded  southerly  by  thesev- 


59 


(Doc.  No.  9. 


cnth  district,  and  (licn  hy  a  line  drawn  llirougli  tlic  middlo 
of  Sixth  avcriuo,  from  Foiii  tociilli  street  to  Twciity-^ixth 
street,  and  through  tlio  centi-e  of  Twenty -s^ixtb  street  to 
Hudson  river,  and  west  by  the  river. 

The  tenth  distriet  sliall  be  bounded  on  the  south  by  tlio 
eixtli  diritriot,  thence  by'a  line  drawn  through  the  middlo 
of  Broadway  from  Houston  street  to  Fourteenth  street, 
down  the  middle  of  Fourteenth  street  to  Avenue  A,  and 
down  the  middle  of  Avenue  A  to  Houston  street. 

The  eleventh  district  shall  be  bounded  southerly  by 
the  ninth  district,  thence  by  a  line  drawn  through  tho 
middle  of  Sixth  avenue  from  Twenty-sixth  str(Tet  to  For- 
tieth street,  and  through  the  centre  of  Fortieth  street  to 
Hudson  river,  and  west  by  tlie  river. 

The  twelfth  district  shall  be  bounded  southerly  by  the 
middle  oi  Houston  street,  thence  by  a  line  drawn  up  the 
middle  of  Avenue  A  from  Houston  street  to  Fourteenth 
street,  and  down  the  middle  of  Fourteenth  street  to  the 
East  river,  and  east  by  said  river. 

The  thirteenth  district  shall  be  formed  of  the  territory 
now  known  as  the  Twenty  second  Ward. 

The  fourteenth  district  shall  be  bounded  by  a  line  com- 
mencing at  the  intersection  of  Fourteenth  street  with  the 
East  river,  thence  through  the  centre  of  Fourteenth  street 
to  the  Sixth  avenue,  thence  through  the  centre  of  Sixth 
avenue  to  Twenty-sixth  street,  and  thence  through  the 
centre  of  Twenty-sixth  street  to  the  East  river,  and  east- 
erly by  the  river. 

The  fifteenth  district  shall  be  bounded  southerly  by  tho 
fourteenth  dic^irict,  thence  through  the  ccnire  of  Sixth 
avenue  from  Twenty-sixth  street  to  Fortieth  street,  thenco 


Doc.  No.  9.) 


60 


through  the  centre  of  Fortieth  street  to  the  East  river, 
and  easterly  by  said  river. 

The  sixteenth  district  shall  comprehend  the  territory 
now  known  as  the  Nineteenth  Ward. 

The  seventeenth  district  shall  comprehend  the  territory 
now  kno^wn  as  the  Twelfth  Ward,  being  that  portion  of 
the  city  of  New  York  north  of  the  centre  of  Eighty-sixth 
street. 

§  51-  The  Mayor,  Aldermen  and  Councilmen,  provided  • 
for  in  this  act,  shall  be  elected  at  the  first  election  for 
charter  officers,  to  be  held  after  the  passage  hereof,  which 
election  shall  take  place  on  the  first  Tuesday  of  December, 
eighteen  hundred  and  fifty-seven;  all  persons  who  shall 
have  been  elected  under  former  laws  regulating  or  affect- 
ing the  election  of  charter  officers,  and  shall  be  in  office 
at  the  time  of  the  passage  of  this  act,  shall  continue  in 
office  until  the  officers  elected  under  this  act  shall  take 
office,  and  no  longer,  except  that  the  offices  of  Commis- 
sioner of  Repairs  and  Supplies  and  of  Commissioner  of 
Streets  and  Lamps,  are  hereby  abolished,  and  except  that 
the  persons  now  filling  the  several  offices  of  Comptroller, 
Counsel  to  the  Corporation,  Street  Commissioner  and 
City  Inspector,  and  the  officers  of  the  Croton  Aqueduct 
Department,  shall  continue  in  office  until  the  expiration  of 
their  several  terms,  and  shall  not  be  removed  from  office 
during  such  continuance,  except  for  the  cause  and  in  the 
manner  provided  for  in  sections  20  and  49  of  this  act,  and 
all  other  charter  officers,  and  all  school  officers,  and  each 
governor  of  the  Alms-house,  whose  term  of  office  may  ex- 
pire with  the  present  municipal  year,  shall  be  also  elected 
on  the  day  before  provided  for  by  this  section. 


61 


(L>oc.  No.  9. 


§  62.  Every  })Grson  who  shall  promise,  offer  or  give,  or 
cause,  or  aid,  or  abet,  in  causing  to  be  promised,  offered, 
or  given,  or  furnish,  or  agree  to  furnish,  in  whole  or  in 
part,  to  be  promised,  offered  or  given  to  any  member  of 
the  Common  Council,  or  any  officer  of  the  Corporation, 
after  his  election  as  such  member,  or  before  or  after  he 
shall  have  qualified  and  taken  his  seat,  any  moneys,  goods, 
right  in  action  or  other  property,  or  any  thing  of  value, 
or  any  pecuniary  advantage,  present  or  prospective,  with 
intent  to  influence  his  vote,  opinion,  judgment  or  action 
on  any  question,  matter,  cause  or  proceeding  which  may 
be  then  pending,  or  may,  by  law,  be  brought  before  him 
in  his  official  capacity,  shall,  upon  conviction,  be  im- 
prisoned in  a  penitentiary  for  a  term  not  exceeding  two 
years,  or  shall  be  fined  not  exceeding  five  thousand  dol- 
lars, or  both,  in  the  discretion  of  the  court.  Every 
officer  in  this  sefction  enumerated,  who  shall  accept  any 
such  gift  or  promise  or  undertaking,  to  make  the  same, 
under  any  agreement  or  undertaking  that  his  vote,  opinion, 
judgment  or  action  shall  be  influenced  thereby,  or  shall  be 
given  in  any  particular  manner,  or  upon  any  particular 
side  of  any  question,  matter,  cause  or  proceeding  then 
pending,  or  which  may  by  law  be  brought  before  him,  in 
his  official  capacity,  shall,  upon  conviction,  be  disqualified 
from  holding  any  public  office,  trust  or  appointment,  under 
the  charter  of  the  city  of  New  York,  and  shall  forfeit  his 
office,  and  shall  be  punished  by  imprisonment  in  the  peni- 
tentiary not  exceeding*  two  years,  or  by  a  fine  not  exceed- 
ing five  thousand  dollars,  or  both,  in  the  discretion  of  the 
court.  Every  perpon  offending  against  either  of  the  i)ro- 
visions  of  this  section,  shall  be  a  competent  witness 
against  any  other  person  offending  in  the  same  transac- 


Doc.  No.  9.) 


62 


tion,  and  may  be  compelled  to  appear  and  give  evidence 
before  any  grand  jury  or  in  any  court,  in  the  same  man- 
ner as  other  persons;  but  the  testimony  so  given  shall  not 
be  used  in  any  prosecution  or  proceeding,  civil  or  crimi- 
nal, against  the  person  so  testifying. 

§  53.  The  annual  election  for  chai  ter  officers,  school 
officers  and  Governors  of  the  Alms-house,  after  ihe  year 
eighteen  hundred  and  fifty-seven,  shall  be  held  on  the  first 
Tuesday  in  December,  and  the  officers  elected  at  the  first 
election,  as  hereinbefore  provided,  and  in  each  year  there- 
after, shall  take  office  on  the  first  Monday  of  January  next 
succeeding.  All  the  provisions  of  law  now  in  force  in  re- 
gard to  the  notification,  duration,  conduct  of  etcciion,  and 
canvassing  of  votes  at  genei  al  elections,  shall  ap|)ly  to  the 
first  election  provided,  for  herein,  and  to  each  annual  elec- 
tion of  charter  ofiicers,  except  that  tiic  returns  of  all  elec- 
tions provided  for  by  this  act,  shall  Jjo  filed  by  the  dis- 
trict canvassers  in  the  several  districts  with  the  Clerk  of 
the  Common  Council,  within  twenty-four  hours  after  the 
polls  are  closed;  and  the  said  returns  shall  bo  canvai-sed 
by  the  Board  of  Aldermen,  sitting  as  a  Hoard  of  City 
Canvassers.  The  Clerk  of  tlie  Common  Council  shall  bo 
Clerk  to  the  said  Board  of  City  Canvassers;  and  the  said 
Board  shall  meet  on  tlu;  Thursday  sui^ceeding  i^ucU  elec- 
tion, and  shall,  wiihin  ten  days  thereafter,  whollv  com- 
plete such  canvass,  and  file,  wi'hin  the  same  tiuie,  dupli- 
cate statements  of  the  result  in  the  respective  odices  of 
the  Clerks  of  the  Common  Council  and  County  Cleik. 
The  Clerk  of  the  Cotnnion  Council,  wiihin  five  days  suc- 
ceeding the  filing  of  the  said  stateniont,  shall  give  to  each 
person  declared  elected  a  certificate  thei-eof. 

§  54.  The  act  to  amend  the  tdiartcr  of  the  city  of  Xew 
York,  passed  April  seventh,  eighteen  hundred  and  thirty, 


63 


(Doc.  No.  9. 


and  tlio  act  to  amend  the  charter  of  the  city  of  New  York, 
passed  April  second,  eighteen  I:undred  and  forty-nine, 
and  the  act  to  amend  an  act,  entitled  an  act  to  amend 
the  charter  of  the  city  of  New  York,  passed  April  second, 
eighteen  hundred  and  forty-nine,  passed  July  eleventh, 
eighteen  hundred  and  (ifty-onc;  and  the  act  further  to 
amend  the  charter  of  the  city  of  New  York,  pas.-cd  April 
twelfth,  eighteen  hundred  and  fifty-three;  and  the  act  sup- 
plementary to  an  act  entitled  an  act  furtlicr  to  amend  the 
charter  of  the  city  of  New  York,  passed  April  twelfth, 
eighteen  hundred  and  fifty-three;  passed  June  fourteenth, 
eighteen  hundred  and  fifty-three,  are  hereby  repealed; 
and  all  laws  inconsistent  wiih  this  act  arc  also  hereby 
repealed;  but  the  charter  of  the  city  of  New  York, 
known  as  the  Dongan  and  Montgomerio  charter,  so  far 
as  the  same,  or  cither  of  them,  are  now  in  force,  shall 
continue  and  remain  in  full  foi-cc,  and  shall  not  bo 
construed  as  repealed,  modified,  or  in  any  manner  affect- 
ed thereby.  This  soclion  shall  not  prejudice  or  airect 
any  right  accrued,  oi  proceeding  commenced  before  this 
act  takes  effect. 

§  55.  This  act  shall  take  eCfect  on  the  first  day  of  May, 
on(j  thousand  eight  hundred  and  fifty-i^evcn. 

State  of  New  York,) 

Secretary's  Office.  j  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  ofiice,  and  do  hereby 
certify  that  the  same  i^  a  correct  transcript  therefrom, 
and  of  ihc  whole  of  saiil  original  law. 

Given  under  my  hand  and  Si^al  of  office, 
at  the  city  of  All»any,  this  twentieth 
[r>-S  ]  day  of  April,  in  the  year  one  thoutiand 

eight  hundred  and  liffy-^^even. 

N.  P.  STANTON, 

Dvp,  Sicrcluri,'  of  State. 


AN  ACT 


TO  AMEND  AN  ACT  ENTITLED  AN  ACT  FURTHER  TO  AMEND^ 
THE  ACTS  IN  RELATION  TO  INSURANCES  ON  PROPERTY  IN 
THIS  STATE,  MADE  BY  INDIVIDUALS  AND  ASSOCIATIONS, 
UNAUTHORIZED  BY  LA"W/*  PASSED  MARCH  THIRTIETH, 
EIGHTEEN  HUNDRED  AND  FORTY- NINE. 

Passed  April  16,  1857. 

The  People  of  the  State  of  J\*ew  York,  represented  in  Senate 
and  Mssemhly,  do  enact  as  follows: 

§  1.  Sections  one,  two,  three  and  four  of  an  act  entitled 
"An  act  further  to  amend  the  acts  in  relation  to  insur- 
ances on  property  in  this  state,  made  by  individuals  and 
associations  unauthorized  by  law,"  passed  March  thirtieth, 
eighteen  hundred  and  forty-nine,  so  far  as  the  said  sec- 
tions are  applicable  to  the  city  and  county  of  New  York, 
but  no  further,  are  hereby  repealed,  and  the  following  ten 
sections  are  substituted  therefor.  Provided,  however, 
that  any  corporation  or  association,  created  by  or  organ- 
ized under  the  laws  of  any  government  other  than  the 
states  of  this  Union,  and  having  assets,  funds  or  capital, 
not  less  in  amount  than  three  hundred  thousand  dollars, 
invested  in  this  state,  shall  be  liable  to  taxation  upon 
such  assets,  fund  or  invested  capital,  as  the  same  is  levied 
or  assoescd  yearly  by  law,  which  tax  shall  be  paid  as  fol- 
lows: such  amount  thereof  as  would  be  equal  to  two  per 
cent,  upon  its  gross  premiums,  received  for  insurances 
upon  property  in  the  city  of  New  York  shall  be  paid 
annually,  as  herein  before  provided,  to  the  treasurer  of 
the  Fire  Department  of  the  city  of  New  York,  and  the 


65 


(Doc.  No.  9. 


residue  of  said  tax,  requisite  to  make  up  the  full  amount 
of  taxation  upon  its  capital,  as  herein  before  provided, 
shall  be  paid  to  the  Mayor,  Aldermen  and  Commonalty 
of  the  city  of  New  York,  as  in  the  case  of  ordinary  taxa- 
tion, and  the  payments  so  made  as  aforesaid,  shall  exempt 
such  corporation  or  association  making  the  same,  from 
any  and  all  further  taxation  upon  its  prciniunis,  capital 
or  assets,  and  whenever  such  capital  shall  be  reduced 
below  said  sum  of  three  hundred  thousand  dollars,  or 
withdrawn  entirely,  then,  and  in  either  event,  such  cor- 
poration or  association  shall  be  liable  to  pay  the  tax 
upon  its  premiums,  as  heretofore  provided  in  this  act, 

§  1.  There  shall  be  paid  to  the  treasurer  of  the  Fire 
Department  of  the  city  of  New  York,  for  the  use  and  bene- 
fit of  said  Fire  Department,  on  the  first  day  of  February 
in  each  year,  by  every  person  who  shall  act,  in  the  city 
and  county  of  New  York,  as  agent  for  or  on  behalf  of  any 
individual,  or  association  of  individuals,  not  incorporated 
by  the  laws  of  this  state,  to  effect  insurances  against  losses 
or  injury  by  fire  in  the  city  and  county  of  New  York,  al- 
though such  individuals  or  association  may  bo  incor- 
porated for  that  purpose  by  any  other  state  or  country, 
tlie  sum  ol  two  dollars  upon  the  hundred  dollars,  und  at 
that  rate  upon  the  amount  of  all  premiums  which,  during 
the  year  ending  on  the  next  preceding  first  day  of  Sep- 
tember, shall  have  been  received  by  such  agent  or  person, 
or  received  by  any  other  person  for  him,  or  shall  have 
been  agreed  to  be  paid  for  any  insurance  against  loss  or 
injury  by  fire  in  the  city  and  county  of  New  York,  effected, 
or  agreed  to  be  effected  or  promised  by  him  as  such  agent 

§  2.  Every  person  who  shall  act  in  the  city  and  couuty 
5 


Doc.  No.  9.) 


66 


of  New  York  as  agent  as  aforesaid,  shall,  on  the  first  day 
of  February  in  each  year,  render  to  the  said  treasurer  of 
the  Fire  Department,  a  just  and  true  account,  verified  by 
his  oath,  of  all  such  premiums  which,  during  the  year  end- 
ing on  the  first  day  of  September  preceding,  shall  have 
been  received  by  him,  or  by  any  person  for  him,  or  wliich 
shall  have  been  agreed  to  be  paid  for  any  such  insurance 
cfi*ected,  or  agreed  to  be  efi'ected  or  promised  by  him. 

§  3.  No  person  shall,  as  agent  or  otherwise,  effect,  or 
agree  to  05*001,  or  procure  to  be  efi'ected,  any  insurance 
upon  which  the  duty  above-mentioned  is  required  to  bo 
paid,  until  he  shall  have  executed  and  delivered  to  the 
said  treasurer  an  undertaking  under  seal  to  the  Fire  De- 
partment of  the  city  of  New  York,  with  such  sureties  as 
the  said  treasurer  shall  approve,  that  he  will  annually  ren- 
der to  the  said  treasurer,  on  the  first  day  of  February  in 
each  year,  a  just  and  true  account,  verified  by  his  oath,  of 
all  such  premiums  which,  during  the  year  ending  on  the- 
first  day  of  September  preceding,  shall  have  been  received 
by  him,  or  by  any  person  for  him,  or  which  shall  have  been 
agreed  to  be  paid  for  any  such  insurance,  efi'ected,  or  agreed 
to  be  efi'ected  or  promised  by  him,  and  that  he  will  an- 
nually, on  the  first  day, of  February  in  each  year,  pay  to 
the  said  treasurer,  two  dollars  upon  every  hundred  dollars, 
and  at  that  rate  upon  the  amount  of  snch  premiums. 

§  4.  Whenever,  by  reason  of  the  failure  of  the  sureties, 
or  either  of  them,  or  for  any  other  cause,  an  undertaking, 
given  under  the  last  preceding  section,  shall,  or  may  be, 
deemed  insuCBcicnt  by  the  said  treasurer,  to  secure  a  re- 
turn of  the  account,  and  the  payment  of  the  duty  aforesaid, 
'  or  cither  of  them,  the  said  treasurer,  at  his  election,  but  not 


67 


(Doc.  No.  9. 


oftencr  than  once  in  each  year,  may  require  such  nnder- 
taking  to  be  renewed. 

§  5.  Every  person  who  shall  effect,  agree  to  effect,  pro- 
mise or  procure  any  insurance  mentioned  in  the  first  four 
sections  of  the  said  act  as  hereby  amended,  without  hav- 
ing executed  and  delivered  the  undertaking  required  by 
the  third  section  of  said  act  as  hereby  amended,  shall, 
for  each  ofifence,  forfeit  one  thousand  dollars  for  the  use 
of  the  said  Fire  Department;  and  every  person  who  shall 
have  been  required  by  the  said  treasurer  to  renew  his  un- 
dertaking, pursuant  to  the  fourth  section  of  said  act,  as 
hereby  amended,  who  shall  effect,  agree  to  effect,  promise 
or  procure  any  such  insurance  without  having  executed 
and  delivered  the  renewed  undertaking,  required  by  said 
last-mentioned  fourth  section,  shall,  for  each  offence,  for- 
feit one  thousand  dollars  for  the  use  of  the  said  Fire  De- 
partment. 

§  6.  It  shall  be  lawful  for  the  said  treasurer  of  the  Fire- 
Department,  on  or  after  the  first  day  of  February  in  each 
year,  by  written  or  printed  demand,  signed  by  him,  to  re- 
quire from  every  person  who  shall  act,  in  the  city  and 
county  of  New  York,  as  agent  as  aforesaid,  the  account 
provided  for  in  the  second  section  of  said  act,  as  hereby 
amended,  and  payment  of  the  duty  provided  for  in  the  first 
section  thereof,  such  demand  mny  be  delivered  personally 
to  such  agent,  or  at  his  office  or  place  of  business,  to  any 
person  having  charge  thereof,  or  at  his  residence,  to  any 
person  of  suitable  age,  and  every  such  agent  who  shall,  for 
ten  days  after  such  demand,  neglect  to  render  the  account, 
or  to  pay  the  duty  dcinaudod,  or  cither  of  them,  shall  for- 
feit fifty  dollars,  for  the  use  of  the  said  Fire  Department; 


Doc.  No.  9.} 


'68 


and  he  shall  also  forfeit  for  their  use,  twenty-five  dollars  id 
addition  for  every  day  that  he  shall  so  neglect,  after  the 
expiration  of  said  ten  days,  and  such  additional  penalty 
may  be  computed  and  recovered  up  to  the  time  of  the  trial 
of  any  suit  for  the  recovery  thereof. 

§  7.  Every  person  who  shall  act  in  the  city  and  county 
of  New  York  as  agent,  as  aforesaid,  shall,  on  the  first  day 
of  February,  in  each  year,  or  within  ten  days  thereafter, 
and  as  often  in  each  year  as  he  shall  change  his  place  of 
business  in  the  said  city,  report  in  writing,  under  his  pro- 
per signature,  to  the  Comptroller  of  the  state,  and  also  to 
the  treasurer  of  the  said  Fire  Department,  the  street  and 
the  number  thereof,  in  the  said  city,  of  his  place  of  busi- 
ness as  such  agent,  designating  in  such  report  the  individ- 
ual or  individuals,  and  association  or  associations  for 
which  he  shall  be  such  agent,  and  in  case  of  default  in  any 
of  these  particulars,  such  person  shall  forfeit,  for  every 
oflfence,  the  sura  of  one  thousand  dollars,  for  the  use  of  the 
said  Fire  Department. 

§  8.  The  duty  provided  to  be  paid  by  the  first  section 
of  said  act  as  hereby  amended,  the  damages  for  any  breach 
of  the  undertakings,  or  either  of  them,  provided  for  in  the 
third  and  fourth  sections  thereof,  and  the  pecuniary  penal- 
ties imposed  by  said  act  as  hereby  amend  d,  or  any  or 
either  of  them,  may  be  sued  for  and  recovered  with  costs 
of  suit  in  any  court  of  record  within  this  state  by  the  Fire 
Department  of  the  city  of  New  York,  in  their  own  name 
and  to  their  own  use. 

§  9.  The  defendant,  in  any  action  to  be  brought  for  the 
recovery  of  any  penalty  incurred,  or  any  duty  or  sum  of 
money  payable  under  said  act  as  hereby  amended,  may  be 


(Doc.  No.  9. 


arrested,  if  he  is  not  a  resident  of  ihis  state,  or  is  about  to 
remove  therefrom;  an  order  for  the  arrest  of  the  defend- 
ant must  be  obtained  from  a  judf^e  of  tlie  court  in  wliich 
the  action  is  brou^i^ht,  or  fi  om  a  county  jud<^e.  The  order 
shall  be  made  wl»en  it  shall  appear  to  the  judge,  by  affi- 
davit, that  a  sufficient  cause  of  action  exists  under  said  act 
as  hereby  amended  and  that  the  defendant  is  not  a  resi- 
dent of  this  state,  or  is  about  to  remove  therefrom. 

§  10.  The  provisions  of  chapter  one  of  tiile  seven  of  an 
act  entitled  "  An  act  to  amend  the  act  entitled  an  act 
entitled. to  simplify  and  abridge  the  practice,  pleadings 
and  proceedings  of  the  courts  of  this  state,'*'  passed  April 
twelfth,  eighteen  hundred  and  forty-eight,  passed  April 
eleventh,  eighteen  hundred  and  forty-nine,  and  which 
chapter  is  entitled  "  Arrest  and  Bail,"  Irom  and  including 
section  one  hundred  and  eighty-two.  to  the  end  of  said 
chapter,  shall  apply  to  any  arrest  under  the  ninth  section 
of  said  act  as  hereby  amended,  and  to  the  proceedings 
thereupon. 

§  2.  The  repeal  of  the  first  section  of  this  act  shall  not 
affect  any  prosecution  or  action  commenced,  or  penalty, 
duty  or  liability  incurred,  or  cause  of  action  accrued  prior 
to  the  passage  of  this  act;  but  every  such  action  or  prose- 
cution may  lawfully  proceed,  and  every  such  penalty,  duty 
or  liability  may  be  demanded  and  recovered  as  if  the  sec- 
tions one,  two,  three  and  four,  repealed  as  aforesaid,  had 
remained  in  full  force. 

State  op  New  York,  ( 

Secretary's  Office.    S     I  h^^o  compared  the  preceding 

wiih  the  original  law  on  file  in  this  office,  and  do  hereby 


Doc.  No.  90 


70 


certify  that  the  same  is  a  correct  transcript  therefrom,  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at 
the  city  of  Albany,  this  sixteenth  day  of 
[l.  S.]       April,  eighteen  hundred  and  hfty-seven. 

(Signed)         N.  P.  STANTON, 

Dep.  Secretary  of  State, 

This  law  takes  effect  on  6th  May,  1857. 


AN  ACT 


TO  AMEND  AN  ACT  ENTITLKD  "  AN  ACT  TO  ALTER  THE  MAP 
OP  TUB  CITY  OP  NEW  YORK,  BY  LAYING  OUT  THEREON  A 
PUBLIC  PLACE,  AND  TO  AUTHORIZE  THE  TAKING  OF  TUB 
SAME,"  PASSED  JULY  21,  1853. 

Passed  February  13,  1857,  by  a  two  third  vote. 

The  People  of  the  State  of  JYeiu  York,  represented  in  Senate 
and  Assembly  do  enact  as  follows: 

§  1.  The  seventh  section  of  this  act,  entitled  "  An  act 
to  alter  the  map  of  the  city  of  New  York,  by  laying  out 
thereon  a  public  place,  and  to  authorize  the  taking  of  tho 
same,"  passed  July  twenty-one,  eighteen  hundred  and 
fifty-three,  is  hereby  amended  so  as  to  read  as  follows: 

§  7.  For  the  payment  of  so  much  of  the  damages  award- 
ed by  the  Commissioners  of  Estimate  and  Assessment, 
and  the  expenses,  disbursements  and  charges  in  the  pre- 
mises, as  shall  exceed  the  amounts  or  sums  tliat  may  bo 
assessed  by  the  said  commissioners  upon  the  parties  and 
persons,  lands  and  tenements  deemed  by  them  benefited 
by  the  opening  of  such  public  square  or  [)Iace,  it  shall  bo 
lawful  for  the  said  Mayor,  Aldermen  and  Commonalty  to 
raise  the  amount  of  such  excess  by  loan,  by  the  creation 
of  a  public  fund  or  stock,  to  be  called  "  The  Central  Park 
Fund,*'  which  shall  bear  an  interest,  not  exceeding  six  per 
centum  per  annum,  and  shall  bo  redeemable  within  a 
period  of  time  not  exceeding  forty-five  years  after  the  pas- 
sage  of  this  act;  and  for  the  payment  of  which  the  said 
piece  of  land,  so  aforesaid  to  bo  taken,  shall  bo  irrevo- 
cably pledged. 


Doc.  No.  9. 


72 


§  2.  The  ninth  section  of  the  same  act  is  hereby 
amended  so  as  to  read  as  follows,  viz: 

§  9.  In  order  to  pay  the  interest  on  the  debt  created, 
on  account  of  the  acquisition  of  lands  for  the  Central  Park, 
the  Mayor,  Recorder  and  Aldermen  of  the  city  and  coun- 
ty of  New  York,  as  the  Supervisors  thereof,  are  hereby 
authorized  and  empowered  to  order  and  cause  to  be  rais- 
ed by  tax  on  the  estates,  real  and  personal,  subject  to 
taxation  according  to  law,  within  said  city  and  county, 
and  to  be  collected  in  addition  to  the  ordinary  taxes? 
yearly  and  every  year,  until  the  whole  amount  of  the  debt 
be  paid,  a  sum  of  money  sufficient  to  pay  interest  accruing 
on  the  stock  heretofore  issued,  and  on  the  stock  issued 
after  the  passage  of  this  amendment,  and  also  the  interest 
accrued  and  hereafter  to  accrue  on  the  several  awards, 
and  the  mortgages  assumed  by  the  Corporation  in  paying 
said  awards. 

§  3.  This  act  shall  take  effect  immediately. 

State  op  New  York,  J 

Secretary's  Office.    )     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  twenty-fifth 
[l.  s.]       day  of  March,  in  the  year  one  thousand 
eight  hundred  and  fifty-seven. 

N,  P.  STANTON, 

Dep.  Sec.  of  State.  . 


AN  ACT 


TO  ALTER  OB  AMEND  THE  MAP  OR  PLAN  OP  THE  GITY  OP  NEW 
YORK,  SO  AS  TO  CLOSE  BLOOMINGDALE  SQUARE  IN  SAID  CITY 
OP  NEW  YORK. 

Passed  March  6,  1857,  three  fifths  being  present. 

The  People  of  the  State  of  JVeio  Yorky  represented  in  Senate 
and  Jlssemhly^  do  enact  as  follows: 

§  1.  All  that  certain  piece,  parcel,  or  plot  of  land,  situ- 
ate, lying  and  being  between  Fifty  third  and  Fifty-seventh 
streets,  and  the  Eighth  and  Ninth  avenues,  and  called 
Bloomingdalc  square,  as  laid  down  and  designated  on  the 
map  or  plan  of  the  city  of  New  York,  made  by  the  com- 
missioners appointed  in  and  by  the  act  entitled  "An  Act 
relative  to  improvements  touching  the  laying  out  of  streets 
and  roads  in  the  city  of  New  York,  and  for  other  pur- 
poses," passed  April  third,  one  thousand  eight  hundred 
and  seven,  is  hereby  closed  and  discontinued  on  said  map 
or  plan  of  said  city  of  New  York. 

§  2.  Fifty-fourth,  Fifty-fifih,  and  Fifty-sixth  streets,  aa 
they  are  laid  down  and  designated  on  the  said  map  or  plan 
of  the  city  of  New  York,  shall  be  respectively  continued 
and  extended  over  and  through  the  said  plot  of  land  called 
Bloomingdale  square,  from  the  westerly  side  of  the  Eighth 
avenue  to  the  easterly  side  of  the  Ninth  avenue,  and  the 
said  map  or  plan  is  hereby  altered  accordingly.  The  said 
streets  shall  be  so  continued  in  like  manner,  and  with  the 
like  effect  as  if  the  same  had  been  thus  laid  out  by  the 
commissioners  aforesaid. 


Doc.  No.  9.) 


74 


§  3.  This  act  shall  take  effect  immediately. 

State  op  Nrw  York,  ) 

Secrelary^s  Office.  )  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  twenty  fifth 
Jl.  s.]  day  of  March,  in  the  year  one  thou- 

sand eight  hundred  and  fifty-seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State, 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  AN  ACT  TO  AUTHORIZE  THE 
MAYOR,  ALDERMEN,  AND  COMMONALTY  OF  THE  CITY  OS 
NEW  YORK  TO  BORROW  FIVE  HUNDRED  THOUSAND  DOLLARS, 
FOR  THE  PURPOSE  OF  BUILDING  A  NEW  RESERVOIR,  PUR- 
CHASING LANDS  AND  EXTENDING  THE  CROTON  WATER 
WORKS,"  PASSED  APRIL  17,  1854,  AND  TO  ENABLE  THE  SAID 
CORPORATION  TO  BORROW,  FOR  THE  SAME  PURPOSE,  THE 
FURTHER  SUM  OF  ONE  MILLION  FOUR  HUNDRED  AND  EIGHT 
THOUSAND  DOLLARS. 

Passed  February  13,  1857,  three  fifths  being  present. 

The  People  of  the  State  of  JVew  Yorky  represented  in  Senate 
and  Assembly,  do  enact  as  JoUjws: 

§  1.  It  shall  be  lawful  for  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  New  York,  to  borrow  and 
raise  by  loan  from  time  to  time,  and  in  such  amounts  as 
ihey  shall  deem  advisable,  a  sum  not  exceeding  the  sum  of 
five  hundred  thousand  dollars,  by  the  creation  and  issuing 
of  a  public  fund  or  stock,  to  be  called  the  Water  Stock  of 
the  city  of  New  York,  of  the  year  eighteen  hundred  and 
fifty-four,  which  shall  bear  an  interest  not  exceeding  six 
per  cent,  per  annum,  and  shall  be  redeemable  in  the  year 
one  thousand  eight  hundred  and  seventy-five. 

§  2.  The  Mayor,  Aldermen  and  Commonalty  of  the 
city  of  New  York,  are  hereby  authorized  to  borrow,  from 
time  to  time,  such  sums  as  may  be  required  for  purchasing 
land  and  constructing  the  new  reservoir,  a  sum  equal  to 
ODO  million  four  hundred  and  eight  thousand  dollars,  ia 


Doc.  No.  9.) 


76 


addition  to  the  sum  of  five  hundred  thousand  dollars 
authorized  by  the  first  section  of  this  act,  at  an  interest 
not  exceeding  six  per  cent,  per  annum,  and  the  principal 
reimbursable  in  the  year  one  thousand  eight  hundred  and 
seventy-five. 

§  8.  Section  one  of  the  act  hereby  amended  is  repealed. 

§  4.  This  act  shall  take  effect  immediately. 

State  op  New  York,  > 

Secretary's  Office.  \  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  twenty-fifth 
(l.  s  ]        day  of  March,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State. 


AN  ACT 


FOB  THE  BEGULATION  AND  GOVERNMENT  OF  THE  CBNTAEL 
PARK,  IN  THE  CITY  OP  NEW  YORK. 

Passed  April  17th,  1857,  three  fifths  being  present. 

The  People  of  the  State  of  JVew  Yor/c,  represented  in  Senate 
and  Jfssembly,  do  enact  as  follcws: 

§  1.  So  much  of  that  piece  or  parcel  of  land,  bounded 
southerly  by  Fifty-ninth  street,  easterly  by  the  Fifth 
avenue,  northerly  by  One  hundred  and  sixth  street,  and 
westerly  by  the  Eighth  avenue,  in  the  city  of  New  York, 
as  has  been  taken  for  a  public  place,  confirmed  by  an 
order  of  the  Supreme  Court,  bearing  date  the  fifth  day  of 
February,  in  the  year  one  thousand  eight  hundred  and 
fifty-six,  shall  hereafter  be  known  and  entitled  as  "  The 
Central  Park,"  excepting  out  of  said  Central  Park  the 
land  beh)nging  to  the  state  of  New  York,  and  occupied  by 
and  connected  with  the  arsenal,  unless  the  city  of  New 
York  shall  acquire  title  thereto. 

§  2.  The  said  park  shall  be  under  the  exclusive  control 
and  management  of  a  Board  of  Commissioners,  to  consist 
of  eleven  persons,  who  shall  be  named  and  styled  "  The 
Commissioners  of  the  Central  Park."  Three  members 
shall  constitute  a  quorum  of  the  Board  for  the  transaction 
of  business;  but  no  action  of  the  Board  shall  be  deemed 
final  or  binding,  unless  it  shall  have  received  the  approval 
of  a  majority  of  the  Board,  whoso  names  shall  be  recorded 
in  the  minutes. 

§  3.  Robert  J.  Dillon,  James  E.  Cooley,  Charles  H. 


Doc.  No.  9.) 


78 


Russell,  John  F.  Biitterworth,  John  A.  C.  Gray,  Waldo 
Hutchings,  Thomas  E.  Field,  Andrew  H.  Greene,  Charles 
W.  Elliott,  William  K.  Strong  and  James  Hogg,  are- 
hereby  continued  and  constituted  the  first  Board  of  Com- 
missioners. They  shall  hold  their  office  for  five  years, 
and  shall  receive  no  compensation  for  their  services;  each 
Commissioner  shall  nevertheless  be  entitled  to  be  reim- 
bursed the  amount  of  his  personal  expenses  in  visiting  and 
superintending  the  said  park,  not  exceeding  the  sum  of 
three  hundred  dollars  per  annum.  In  case  of  a  vacancy, 
the  same  shall  be  filled  by  the  remaining  members  of  the 
Board,  for  the  residue  of  the  term  then  vacant,  and  all 
vacancies  caused  by  expiration  of  terms  of  office,  or 
neglect  or  incapacity  of  qualification,  shall  be  filled  by  the 
Mayor,  by  and  wiih  the  advice  and  consent  of  the  Board 
of  Aldermen. 

§4.  The  said  Board  shall  have  the  full  and  exclusive 
power  to  govern,  manage  and  direct  the  said  Central 
Park;  to  lay  out  and  regulate  the  same;  to  pass  ordi- 
nances for  the  regulation  and  government  thereof;  to  ap- 
point such  engineers,  surveyors,  clerks  and  other  officcrs,^ 
except  a  police  force,  as  may  be  necessary;  to  prescribe 
and  define  their  respective  duties  and  authority;  fix  the 
amount  of  their  compensation;  and  generally  in  regard  to 
said  park,  they  shall  possess  all  the  power  and  authority 
now  by  law  conferred  or  possessed  by  the  Common  Coun- 
cil of  said  city  in  respect  to  the  public  squares  and  places 
in  said  city. 

§  5.  It  shall  be  a  misdemeanor  for  any  commissioner,, 
directly  or  indirectly,  to  be  in  any  way  interested  in  any 
contract  or  work  of  any  kind  whatever  connected  witL 


79 


(Doc.  No.  9. 


said  park;  and  it  shall  bo  the  duty  of  any  commissioner, 
or  oilier  person,  who  may  liavc  any  knowledge  or  infor- 
mation of  the  violation  of  this  provision,  forthwith  to  re- 
port the  same  to  the  Mayor,  who  shall  here  such  commis- 
sioner in  regard  thereto;  and  if,  after  such  hearing,  he  shall 
be  satisfied  of  the  truth  thereof,  the  Mayor  shall  immedi- 
ately remove  the  commii?sioncr  so  offending.  Every  com- 
missioner shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  the  oath  prescribed  by  the  con- 
stitution of  this  state,  which  oath,  when  subscribed,  :jhall 
bo  filed  in  the  office  of  the  clerk  of  the  city  and  county  of 
New  York. 

§  6.  The  said  Board  shall,  annually,  and  in  the  month 
of  January  in  each  year,  make  to  the  Common  Council  of 
the  said  city,  a  full  report  of  their  proceedings,  and  a  de- 
tailed statement  of  all  their  receipts  and  expenditures. 

§  7.  It  shall  be  lawful  for  the  commissioners  to  let,  from 
year  to  year,  any  buildings,  and  the  grounds  attached 
thereto,  belonging  to  the  city  of  New  York,  now  being 
within  said  park,  until  the  same  shall  be  required  for  the 
laying  out  and  regulation  thereof,  when  the  said  buildings 
shall  bo  removed,  except  such  as  may  be  used  for  the  pur- 
poses of  the  park. 

§  8.  It  shall  be  lawful  for  the  said  commissioners  to  sell 
any  buildings,  improvements  and  other  materials  now 
being  within  the  said  park,  being  the  property  of  the  city 
of  New  York,  which,  in  their  judgment,  shall  not  be  re- 
quired for  the  purj)0scs  of  the  paik,  or  for  public  use,  the 
proceeds  of  wliich  shall  be  deposited  to  the  credit  of  the 
commissioners,  and  devoted  to  the  improvement  of  the 
park. 


Doc.  No.  9.) 


80 


§  9.  No  plan  for  the  laying  out,  regulation  and  govern- 
ment of  said  park,  shail  be  adopted  or  undertaken  by  the 
commissioners,  of  wliicli  the  entire  expense,  when  funded, 
shall  require  for  the  payment  of  the  annual  interest  there- 
on, a  greater  sum  than  one  hundred  thousand  dollars  per 
annum. 

§  10.  The  Mayor,  Aldermen  and  Commonalty  of  the 
city  of  New  York  shall,  from  time  to  time,  create  and 
issue  a  public  fund  or  stock,  to  be  denominated  **  The 
Central  Park  Improvement  Fund,''  in  such  sums  of  money 
as  shall  be  required  by  the  said  Board  of  Commissioners, 
for  the  purposes  of  this  act,  subject  to  the  limitations  pre- 
scribed by  the  preceding  ninth  section  hereof;  all  the 
provisions  of  the  act  entitled  "  An  act  to  regulate  the 
finances  of  the  city  of  New  York,  passed  June  eighth, 
eighteen  hundred  and  twelve,"  so  far  as  the  same  may  be 
applicable,  shall  apply  to  the  stock  or  fund  thus  created: 
such  stock  or  fund  shall  be  redeemable  in  thirty  years 
from  the  issuing  thereof:  and  the  said  park  shall  be  and 
the  same  is  hereby  specifically  pledged  for  the  redemption 
thereof. 

§  11.  For  the  payment  of  the  interest  upon  the  said 
stock  or  funds,  the  Board  of  Supervisors  of  the  city  and 
county  of  New  York,  shall  order  and  cause  to  be  raised, 
by  tax  on  the  estates  real  and  personal,  subject  to  taxation, 
according  to  law,  within  said  city  and  county,  and  to  be 
collected  in  addition  to  the  ordinary  taxes,  yearly,  and 
every  year,  until  the  whole  amount  of  such  fund  or  stock 
be  paid,  a  sum  of  money  sufficient  to  pay  the  interest  an- 
nually accruing  on  said  stock  or  fund,  not  exceeding  the 
aforesaid  limitation  of  one  hundred  thousand  dollars  per 
annum. 


81 


(Doc.  No.  9. 


§  12.  The  moneys  raised  upon  the  fund  or  stock  hereby 
authorized  shall  be  deposited,  as  fast  as  the  same  shall  be 
realized,  by  the  said  Mayor,  Aldermen  and  ComniODalty, 
to  tlic  credit  of  the  said  Board  of  Commissioners,  with  tho 
New  York  Life  Insurance  and  Trust  Company,  or  with  tho 
United  States  Trust  Company,  of  New  York,  or  with  a 
bank  or  banks,  as  either  shall  be  designated  by  said  Board. 
Such  company,  or  bank  or  banks,  shall  allow  interest  upon 
Buch  deposits  as  may  be  agreed  upon  with  said  Board,  and 
shall  open  and  keep  an  account  with  said  Board.  All 
moneys  received  by  said  commissioners  s'liall  be  immedi- 
ately deposited  with  such  com[)&ny  or  bank,  to  the  credit 
of  their  account,  ai.d  no  moneys  shall  be  drawn  therefrom 
except  upon  a  warrant,  signed  by  at  least  a  majority  of 
commissioners,  and  countersigned  by  the  Comptroller  of 
the  city,  upon  filing  with  him  the  I'cccipt  or  other  vouch- 
ers therefor;  nor  shall  such  moneys  be  drawn  therefrom 
unless  the  same  shall  have  been  specifically  authorized  by 
the  said  Board,  at  a  meeting  thereof  duly  convened,  and 
entered  at  lengthen  their  minutes. 

§  13.  It  shall  be  lawful  for  the  said  Board  of  Commis- 
sioners to  agree  with  the  (/'roLon  Aqueduct  Board  of  the 
city  of  New  York,  for  an  exchange  of  lands  belonging  to 
the  city  of  New  York,  now  or  hereafter  in  use  for  the 
Croton  Aqueduct,  and  lying  within  the  area  bounded 
southerly  by  Fifty-ninth  sti-eet;  easterly  by  the  Fifth 
avenue;  northerly  by  One  hundred  and  sixth  street;  and 
westerly  by  the  Eighth  avenue,  in  the  city  of  New  York; 
provided  the  same  quantity  of  land,  within  the  said  area, 
be  given  in  exchange,  such  deeds  shall  bo  executed  and 


6 


Doc.  No.  9.) 


82 


delivered  between  the  parties  hereto,  as  shall  give  effect 
to  any  agreement  made  under  this  section. 

§  14.  It  shall  be  lawful  for  said  Board  of  Commission- 
ers, at  any  meeting  thereof  duly  convened,  to  pass  such 
ordinances  as  they  may  deem  necessary  for  the  regula- 
tion, use  and  government  of  said  park,  not  inconsistent 
with  the  ordinances  and  regulations  of  the  Corporation 
of  New  York;  such  ordinances  shall  immediately,  upon 
their  passage,  be  published  for  ten  days  in  three  daily 
newspapers  published  in  said  city,  to  be  selected  by  said 
commissioners. 

§  15.  All  persons  offending  against  such  ordinances 
shall  be  deemed  guilty  of  misdemeanors,  and  be  punished, 
on  conviction  before  the  Mayor,  Recorder  or  any  magis- 
trate of  the  city  of  New  York,  by  a  fine,  not  exceeding 
fifty  dollars;  and  in  default  of  payment,  by  imprisonment 
not  exceeding  thirty  days. 

§  16.  This  act  shall  take  effect  immediately. 

State  of  New  York,  ) 

Secretary's  Office.     J     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom,  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at 

the  city  of  Albany,  this  twenty-first  day 

[l.  6.]        of  April,  in  the  year  one  thousand  eight 

hundred  and  fifty-seven. 

N.  p.  STANTON, 

Dep.  Sec.  of  State, 


AN  ACT 


TO  PIIOVIDR  A  MORE  CERTAIN  CANVASS  AND  ESTIMATE  OF 
VOTES  AT  EACH  ELECTION  IN  THE  CITIES  OF  NEW  YORK 
AND  BROOKLYN. 

Chap.  294. —Passed  April  7th,  1857,  three  filths"  beingj 

present. 

The  People  of  the  State  of  JYew  York,  represented  in  Senate 
and  JissemMy,  do  enact  as  follows: 

§  1.  There  shall  be  elected  three  district  canvassers  at 
every  general  election  in  the  cities  of  New  York  and 
Brooklyn,  in  each  election  district  therein,  concurrently 
with,  and  in  addition  to,  and  in  the  same  manner  as  in- 
spectors of  election  are  now  elected,  and  under  the  same 
regulations  and  provisions,  and  vacancies  in  the  office  of 
district  canvasser  shall  be  filled  and  for  the  eleetion  in 
said  cities  next  ensuing  the  passage  of  this  act,  the  Com- 
mon Councils  of  the  said  cities  shall,  by  joint  resolu- 
tion, before  the  third  Tuesday  in  October  next,  appoint, 
in  each  election  district,  the  said  three  district  canvassers. 

§  2.  It  is  hereby  made  the  duty  of  each  district  can- 
vasser so  elected  or  appointed,  to  attend  at  least  fhirty 
minutes  before  the  closing  of  the  poll  in  each  election 
district,  at  the  place  of  holding  the  poll,  and  for  the  dis- 
trict for  which  he  has  been  elected  or  appointed,  and  the 
three  district  canvassers,  or  if  only  two  attend,  then  tho 
said  two  attending  shall,  with  one  of  the  inspectors,  to  bo 
by  them  designated,  then  organize  themselves  as  a  board 
for  the  purpose  of  canvassing  and  estimating  the  votes, 
and  shall  choose  one  of  their  number  as  chairman,  but 
shall  have  no  clerk. 


Doc.  No.  9.) 


84 


§  3.  If  onlj  one  canvasser  present  himself  at  the  closing 
of  the  poll,  he  shall,  in  connection  with  the  inspectors  of 
election,  immediately  fill  the  vacancies  by  choosin<]:  two 
competent  persons  who  are  citizens,  and  who  shall  be 
sworn  by  the  chairnian  of  the  board  that  they  are  such 
citizens,  and  that  they  will  faithfully  canvass,  estimate 
and  state  the  result  of  the  votes. 

§  4.  If  none  of  the  duly  appointed  canvassers  shall  pre- 
sent themselves  at  the  closing  of  the  poll,  then  it  shall  be 
the  duty  of  the  inspectors  of  election  to  appoint  three 
competent  persons  who  arc  citizens,  and  who  shall  be 
sworn  by  the  chairman  of  the  board  of  inspectors  as 
herein  above  provided.  When  the  board  of  dis^trict  can- 
vassers, at  the  closing  of  the  polls,  shall  be  organized 
as  aforesaid,  the  board  of  inspectors,  conducting  the  elec- 
tion, shall  deliver  the  ballot  boxes  and  the  ])oll  lists  to 
the  said  board  of  district  canvassers,  and  the  board 
of  inspectors  shall  thereupon  be  dissolved.  The  board  of 
district  canvassers  nhall  then  immediately,  without  any 
adiournment  or  recess,  and  at  the  place  of  tlie  po  1,  pub- 
licly proceed  to  canvass  and  estimate  the  votes  in  the 
manner  and  with  the  powers  and  duties  now  prescribed 
for  and  enjoined  upon  the  inspectors  of  election.  All  the 
provisions  of  law  now*  inspectors,  shall  be  mude  appli- 
cable to  the  powers,  acts  and  duties  of  the  said  district 
canvassers;  and  all  other  persons  are  prohibited  from 
engaging  in  and  assisting  in  the  canvass  and  estimate  of 
votes  as  aforesaid,  except  the  poll  clerks  of  each  district, 
whose  duty  it  shall  be  to  afford  and  render  such  services 
as  clerks,  as  the  district  canvassers  shall  require.  All 
persons,   inspectors   and  district  canvassers  offending 


85 


(I).;C.  .\0.  9 


ajrainst  l^iis  last  provision  shall  be  deemed  guiiiy  of  a 
Diisdcmcanor. 

*  §  3.  TliG  required  statement  and  copy  thereof,  of  Iho 
result  of  the  canvass,  shall  be  made  and  subscribed  in 
public,  wiihout  adjournment  or  recess,  at  the  place  of 
election  and  canvaes;  and  when  ihcy  arc  so  comi'lcted, 
ready  for  filing  and  delivery,  shall  be  then  and  there 
forthwiih  inclosed  in  a  strong  wi  appcr  and  properly  scaled 
and  countersigned  across  the  seal  by  the  signature  of 
each  districL  canvasser,  and  the  same  shall  thereupon  be 
kept  sealed  and  shall  not  be  opened  until  the  same  are 
produced  before  the  board  of  ward,  city  or  county  can- 
vassers, when  they  shall  be  opened  for  the  canvas>infi  of 
the  returns.  Whenever  any  inspector  of  election  of 
either  board  of  inspectors,  or  any  poll  clerk,  shall  be  a 
candidate  for  any  office  whatever,  except  for  inspector  or 
canvasser  of  election,  at  any  election,  his  office,  as  in- 
spector or  as  poll  clerk,  shall  immediately  become  vacant 
unless  he  shall  publicly  have  refused,  within  three  days 
before  the  day  of  election,  to  be  a  candidate. 

•  §  4.  The  clerks  of  the  Board  of  Aldermen  in  said 
cities  shall,  between  the  third  Tuesday  of  October  in  each 
year,  and  the  Tuesday  preceding  the  election,  notify  every 
inspector  and  district  canvasser  to  attend,  on  any  day 
before  the  day  of  holding  the  election,  at  the  office  of  tho 
county  elcrk,  to  take  and  subscribe  the  oath  prescribed  by 
the  constitution.  It  shall  be  the  duty  of  said  clerks  of 
the  county  to  provide  each  election  poll  in  the  said  cities 
with  proper  paper,  blanks,  stationery,  sealing  wax  and 
lights,  at  the  expense  of  the  county,  for  the  use  of  the  in- 
spectors and  district  canvassers. 


Doc.  No.  9.) 


86 


§  5.  The  compensation  of  each  inspector  of  election, 
and  of  each  district  canvasser,  shall  be  five  dollars  to 
each  for  his  services  at  the  election,  which  compensation 
shall  be  paid  by  the  Comptroller  of  the  said  cities  on  the 
voucher  for  the  service;  but  no  payment  shall  be  made  to 
any  inspector  or  district  canvasser,  who  shall  not  have 
taken  and  subscribed  the  oath  or  affirmation  referred  to 
in  the  preceding  section. 

§  6.  The  acting  of  any  inspector  or  district  canvasser, 
elected  or  appointed  before  the  day  of  election,  without 
his  having  taken  or  subscribed  the  oath  or  affirmation 
referred  to  aforesaid,  shall  be  deemed  to  be  and  punished 
as  a  misdemeanor. 

§  7.  It  shall  be  the  duty  of  the  said  Board  of  district 
canvassers  to  fully  complete  the  estimate*  of  the  votes  in 
each  box  in  the  order  prescribed-  by  law,  and  to  make 
proclamation  of  the  result,  and  to  complete  the  returns, 
and  certificates  of  the  votes  of  the  said  box  in  the  manner 
prescribed  by  this  act,  before  proceeding  to  the  estimate 
and  canvass  of  the  box  or  boxes,  to  be  next  thereafter 
canvassed. 

§  8.  The  names  of  inspectors  of  election  and  of  district 
canvassers,  voted  for  at  any  election,  shall  be  upon  one 
ballot.  The  names  of  the  persons  to  be  voted  for  inspec- 
tors, shall  follow  the  proper  designation  of  the  office  of 
inspectors  to  be  filled,  and  next  thereafter  shall  follow  the 
names  of  the  persons  to  be  voted  for  district  canvassers, 
and  the  said  ballot  shall  be  indorsed  "inspectors  of  elec- 
tion," and  district  canvassers  with  the  designation  of  the 
proper  election  district  added. 


AN  ACT 


TO  AMEND  THE  PILOT  LAWS,  PASSED  JUNE  TWENTY-EIGHTH, 
EIGHTEEN  HUNDRED  AND  FIFTY-THREE. 

Chap.  243— Passed  April  3d,  1857. 

Tlie  People  of  the  State  of  A'^ew  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec.  1.  Sections  seventeen,  twenty-one  and  twenty-nine, 
of  the  pilot  laws,  passed  June  twenty-eighth,  eighteen 
hundred  and  fifty-three,  are  hereby  amended  so  as  to  read 
as  follows: 

§  17.  For  every  day  of  detention  in  the  harbor,  of  an 
outward  bound  vessel,  after  the  services  of  a  pilot  have 
been  required  and  given,  except  detention  shall  be  caused 
by  such  adverse  winds  and  weather  that  the  vessel  cannot 
get  to  sea;  and  fur  every  day  of  detention  of  an  inward 
bound  vessel  by  ice,  longer  than  two  days  for  passage 
from  sea  to  whefi-f,  three  dollars  shall  be  added  to  the 
pilotage.  If  any  pilot  shall  be  detained  at  Quarantine  or 
elsewhere,  by  the  health  officer,  for  being  or  having  been 
on  board  a  sickly  vessel  as  pilot,  the  master,  owner,  or 
agent,  or  consignee  of  such  vessel,  shall  pay  to  such  pilot 
all  necessary  expenses  of  living,  and  three  dollars  per 
day  for  each  and  every  day  of  such  detention. 

§  21.  For  services  rendered  by  pilots  in  moving  or 
transporting  vessels  in  the  harbor  of  New  York,  the  fol- 
lowing shall  be  his  fees.  For  moving  from  North  to 
East  river,  or  vice  versa,  if  a  seventy-four  gun  ship,  twenty 
dollars;  if  a  sloop  of  war,  ten  dollars;  if  a  merchant  ves- 


Ooc.  No.  9.) 


88 


sel,  five  dollars,  except  sncli  vessel  sliall  have  arrived  from 
sea,  or  is  ready  for  and  bound  to  sea,  on  the  day  sucli  ser- 
vices for  transportation  arc  rendered;  but  if  the  services 
are  rendered  thereafter,  such  payment  shall  be  made;  for 
moving  any  vessel  from  the  Quarantine  lo  tlie  city  of  New 
York,  one  quarter  of  tlie  sum  that  would  be  due  for  the 
inward  pilotage  of  such  vessel;  for  hauling  any  vessel 
from  the  river  to  a  wharf,  or  from  a  wharf  into  the  river, 
three  dollars,  except  on  the  day  of  arrival  or  departure 
of  such  vessel, 

§  29.  No  master  of  a  vessel,  under  three  hundred  tons 
burthen,  belonging  to  a  citizen  of  the  United  States,  and 
licensed  and  employed  in  the  coasting  trade,  by  the  way 
of  Sandy  Hook,  shall  be  required  to  employ  a  licensed 
pilot,  but  in  case  the  services  of  a  pilot  shall  have  been 
given,  the  pilot  shall  be  entitled  to  the  rates  established 
by  the  act  of  June  twenty-eighth,  eighteen  hundred  and 
fifty-three.  If  the  master  of  any  vessel  above  three  hun- 
dred tons  burthen,  and  owned  by  a  citizen  of  the  United 
States,  and  sailing  under  a  coasting  license  to  or  from  the 
port  of  New  York,  by  the  way  of  Sandy  Hook,  shall  be 
desirous  of  piloting|^his"  own  vessel,  he  shall  first  obtain  a 
license  for  such  purpose,  from  the  Commissioners  of  Pilots, 
who  are  hereby  authorized  and  required  to  grant  iho 
same,  if  such  master  shall,  after  an  examination  had  by 
said  commissioners,  be  deemed  competent,  which  said 
license  shall  be  [and^continue  in  force  one  year  from  the 
date  thereof,  or  until  the  determination  ol  any  voyage^ 
during  which  the  license  may  expire.  For  such  license, 
the  master  to^whom'it  shall  be  granted,  shall  pay  to  the 
said  commissioners  four  cents  per  ton.    All  masters  of 


89 


(Doc.  Xo.  9. 


forcin^n  vc?scl3,  and  vessels  from  a  foreign  port,  and  all 
vessels  sailini^  under  register,  bound  to  or  from  the  pori 
of  New  York,  by  the  way  of  Sandy  Hook,  shall  take  a 
licensed  pilot,  or  in  case  of  refusal  to  take  such  pilot, 
shall  himself,  owners  or  consignees,  pay  the  said  i)ilolage, 
as  if  one  had  been  employed,  and  such  pilotage  shall  bo 
paid  to  the  pilot  first  speaking  or  offering  his  services  as 
pilot  to  such  vessel. 

Any  person  not  holding  a  license  as  pilot,  under  this 
act,  or  under  the  laws  of  the  state  of  New  Jersey,  who 
shall  pilot,  or  offer  to  pilot,  any  ship  or  vessel  to  or  from 
the  port  of  New  York,  by  the  way  of  Sandy  LI ook,  ex- 
cept such  as  are  exempt  by  virtue  of  this  act,  or  any  mas- 
ter or  person  on  board  a  steam  tug  or  tow  boat,  who  shall 
tow  such  vessel  or  vessels,  without  such  licensed  i)ilot  on 
board  such  vessel  or  vessels,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars,  or  imprisonment 
not  exceeding  sixty  dciys;  and  all  persons  employing  a 
person  to  act  as  pilot,  not  holding  a  license  under  this 
act,  or  under  the  laws  of  the  state  of  New  Jersey,  shall 
forfeit  and  pay  to  the  Board  of  Commissioners  of  Pilots, 
the  sum  of  one  hundred  dollars. 

§  2.  The  provisions  of  this  act  shall  not  apply  to  ves- 
sels propelled  wholly  or  in  part  by  steam,  owned  or 
belonging  to  citizens  of  the  United  States,  and  licensed 
and  engaged  in  the  country  trade. 


AN  ACT 


IN  RELATION  TO  THE  MARINE  COURT  IN  THE  CITY  OP 
NEW  YORK. 

Chapter  295.— Passed  April  7,  1857,  three  fifths  being 
present. 

The  People  of  the  State  of  Mew  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

§  1.  Hereafter  all  summonses  issuing  out  of  the  Marine 
Court  of  the  city  of  New  York,  may  be  served  by  the 
sheriff  of  the  city  and  county  of  New  York,  or  by  any 
other  person  not  a  party  to  the  action;  the  service  shall 
be  made  and  the  summons  returned,  with  proof  of  the  ser- 
vice, to  the  clerk  of  said  court,  within  the  time  now  pre- 
scribed by  law,  for  the  service  and  return  of  summonses 
in  said  court;  all  other  process  issuing  out  of  said  court, 
shall  be  directed  to,  and  served  by,  the  sheriff  of  the  city 
and  county  of  New  York. 

§  2.  The  same  fees  shall  be  paid  for  the  service  of  any 
summons  or  other  process  issuing  out  of  said  Marine 
Court,  as  are  now  required  to  be  paid  for  the  service  of 
the  same. 

§  3.  When  the  summons  shall  be  served  by  any  other 
person  than  the  sheriff  of  the  city  and  county  of  New 
York,  the  like  affidavit  of  such  service,  shall  be  made  by 
the  person  making  the  same,  as  is  now  required  by  the 
rules  of  the  Supreme  Court  of  this  state. 

§  4.  The  plaintiff  in  the  action  shall  cause  to  be  served 
with  the  summons,  a  copy  of  his  complaint,  which  com. 


91 


(Doc  No.  9. 


plaint  shall  be  duly  verified,  and  eball  state  the  amouat 
for  which  he  demands  judgment;  and  if  ihe  defendant  shall 
fail  to  answer  on  the  return  of  said  summons,  and  the 
action  be  upon  contract,  the  clerk  of  the  said  court,  or  ono 
of  the  justices  thereof,  shall  render  judgment  against  the 
said  defendant  for  the  amount  demanded  in  said  complaint, 
together  with  costs. 

§  5.  On  the  return  of  said  summons,  if  the  defendant 
shall  appear,  he  shall  put  in  a  written  answer  to  the  com- 
plaint, duly  verified.  The  clerk  may,  thereupon,  adjourn 
the  cause,  by  consent  of  parties,  to  any  day  they  may  de- 
signate. 

§  6.  There  may  be  appointed  by  the  clerk  of  said  court 
a  deputy  clerk  and  two  assistant  clerks,  who  shall  hold 
their  office  at  the  pleasure  of  said  clerk.  The  deputy  clerk 
shall  perform  all  the  duties  of  the  clerk  during  his  absence 
or  inability  to  act.  The  said  deputy  and  assistant  clerks 
shall  receive  an  annual  compensation,  to  be  fixed  by  the 
Supervisors  of  the  city  and  county  of  New  York. 

§  7.  At  the  time  of  issuing  any  summons,  attachment  or 
warrant,  the  party  applying  therefor  shall  pay  to  the  said 
clerk  the  sum  of  one  dollar;  and,  if  a  trial  shall  be  had  ia 
the  action  so  commenced,  the  plaintiff  therein  shall  pay  to 
the  said  clerk  an  additional  sum  of  two  dollars  and  fifty 
cents,  which  said  sums  shall  be  received  in  lieu  of  all 
other  fees  now  required  by  law  to  be  paid  the  said  clerk. 

§  8.  All  acts  or  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 

§  9.  This  act  shall  take  eftect  immediately. 


Doc.  x\o,  9.) 


92 


State  op  New  York,  [ 

!Secretan/s  Office,  j  I  have  compared  the  preced- 
ing (chapters  243,  294  and  2;'5)  wiili  the  original  laws  on 
file  in  this  office,  and  do  hereby  certify  the  same  to  be  a 
correct  transcript  there Irom,  and  of  the  whole  ^of  said 
original  laws. 

Given  under  my  hand  and  seal  of  office,  at  the 
fL.S.J        cily  of  Albany,  the  tenth  day  of  April,  in 
the  year  one  thousand  eight  hundred  and 
fifty -seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State. 


AN  ACT 

IN  RELATION  TO  THR  SALAUiES  OF  THE  OFPrCERS  OF  THE  CRO- 
TON  AQUEDUCT  BOAUD  IN  THE  CITY  OF  NEW  YORK. 

Passed  February  17.  1857;  two  thirds  being  present. 

The  People  of  the  State  of  JSTem  York,  represeiited  in  Senate 
and  Assembly  J  do  enact  as  follows: 

Sec.  1.  The  Common  Council  of  llic  city  of  New  York 
may,  if  tlicy  deem  it  expedient,  increase  the  salaries  of 
the  present  officers  or  Commissioners  forming  the  Cioton 
Aqueduct  Board  of  said  city,  for  their  present  term  of 
olBcc. 

§  2.  This  act  shall  take  effect  immediately. 

State  of  New  York,  \ 

Si'cretarf/s  O/ficc,  )  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  oRijc,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  tho 
[l.S.]        city  of  Albany,  this  2  )111  day  of  March,  in  the 
year  one  thousand  eight  hundred  and  lifty- 
eevcn. 

N.  P.  STANTOX. 

Dep,  Secretary  of  Slate, 


AN  ACT 

TO  ENABLE  THE  SUPERVISORS  OP  THE  CITY  AND  COUNTY  OP 
NEW  YORK  TO  RAISE  MONEY  BY  TAX. 

Passed  March  5, 1867;  three  fifths  being  present. 

The  People  of  t>.e  State  of  jYew  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec  1.  The  Board  of  Supervisors  of  the  city  and  county 
of  New  York  arc  hereby  empowered,  as  soon  as  conve- 
niently may  be,  after  the  passage  of  this  act,  to  order  and 
to  cause  to  be  raised  by  tax,  on  the  estates,  real  and  per- 
sonal, subject  to  taxation,  according  to  law,  a  sum  not 
exceeding  three  million  six  hundred  and  twelve  thousand 
six  hundred  and  eighty-two  dollars,  for  the  objects  and 
purposes  following,  to  wit; 

Alms-house,  eight  hundred  and  forty-three  thousand 
eight  hundred  dollars. 

Aqueduct,  repairs  and  improvements,  forty-five  thou- 
sand dollars. 

Belgian  pavement,  fifty  thousand  dollars. 

Board  of  Health,  ten  thousand  dollars. 

Construction  of  Twenty-first  Ward  Station-house,  ten 
thousand  dollars. 

Contingencies  Common  Council,  fifteen  thousand 
dollars. 

Contingencies,  Mayor's  Office,  three  thousand  dollars. 
City  Contingencies,  eighty  thousand  dollars." 
County  Contingencies,  forty  thousand  dollars. 
City  Inspector's  Department,  eight  thousand  nine  hun- 
dred and  fifty  dollars. 


95 


(Doc.  No.  9. 


Coroiiern'  fccf,  twenty  thousand  dollars. 

Common  Council,  pay  of  members,  thirty-one  thousand 
four  hundred  and  eighty-eight  dollars. 

Cleaning  street?,  under  contract,  and  pay  of  inspectors, 
two  hundred  and  fifty  thousand  dollars. 

Docks  and  piers,  building  and  repairing,  and  cleaning 
and  dredging  slips. one  hundred  and  seventy-five  thousand 
dollars. 

Donations,  fifteen  thousand  dollars. 

Election  expenses,  twenty  thousand  dollars. 

Election  expenses,  fitting  up  polls,  five  hundred  dollars. 

Errors  and  delinquencies  five  thousand  dollars. 

Fire  Department,  for  Chief  Engineer,  seventy-two  thou- 
sand seven  hundred  and  thirty-two  dollars. 

Fire  Department,  steam  fire  engines,  nineteen  thousand 
five  hundred  dollars. 

Interest  on  Revenue  Bonds,  two  hundred  and  ninety- 
five  thousand  dollars.  . 

Interest  en  Assessment  Bonds,  seventy-five  thousand 
dollars. 

Intestate  estates,  three  thousand  dollars. 
Iron  pavements,  one  hundred  and  twenty-five  thou- 
sand dollars. 

Lamps  and  gas,  Harlem  district,  thirty-five  thousand 
dollars. 

Lands  and  places,  twenty-five  thousand  dollars. 
Lands  and  places,  Fourth  avenue  parks,  thirty  thousand 
dollars. 

Lands  and  places,  iron  railing  round  Tompkins  square, 
twenty-five  thousand  dollars. 
Markets,  seven  thousand  dollars. 
Mayoralty  fees,  one  hundred  and  fifty  dollars. 


Doc.  No.  9.) 


90 


Officers'  fees,  forty  thousand  dollars. 
Paving  Bowery  and  Chatham  streets,  one  hundred  thou- 
eand  dollars. 

Polico  and  fire  telegraph,  fifteen  thousand  six  hundred 
and  eighty  dollars. 

Printing,  eighty-five  thousand  dollars. 

Parapet  wall,  Fiftieth  street,  between  Lexington  and 
Fourth  avenues,  six  thousand  doHars. 

Rent?,  thirty  thousand  dollars. 

Real  estate,  thirty-five  thousand  dollars. 

Real  estate  expenses,  one  hundred  thousand  dollars. 

Roads  and  avenuos,  seventy-five  thousand  dollars. 

Roads  and  avenues,  grading  Eighth  avenue,  forty  thou- 
sand dollars. 

Repairs  a-nd  Supplies,  eleven  thousand  five  hundred  and 
forty-four  dollars. 

Repairs  to  public  buildings,  including  new  buildings 
and  buildings  for  Fire  Department,  sixty-three  thousand 
dollars. 

Reconstruction  of  Fifteenth  Ward  station-house,  twelve 
thousand  dollars. 

Ren)oving  public  buildings  in  opening  streets,  five  thou- 
sand dollarr. 

Stationery,  twenty  thousand  dollars. 

Supplies  to  public  officers,  fifteen  thousand  dollars. 

Sewers,  repairing  and  cleaning,  twenty-lbur  thousand 
dollars. 

Salaries,  four  hundred  and  twelve  thousand  five  hun- 
dred dollars. 

Sunken  vessels,  removing,  two  thousand  dollars. 

Street  expenses  and  paving,  including  arrearages  of 
1856,  one  hundred  thousand  dollars. 


97 


(Doc.  No.  0. 


Socio!}'  for  Rcrorinatloii  of  Juvenile  Dclinquoit-^,  eight 
tlioiisand  dolkirs. 

Wcllrfaiid  pumps,  and  rcpairiij;):,  one  tlmurJand  dollars. 

Water  pipes  and  laying-,  ninety-one  thousand  llnco 
liunilied  dollais. 

Ward  maps  and  surveying  for  Tax  Conni  issioncrs, 
five  tliousand  dollars. 

And  for  sueh  oilier  expenses  as  the  Mayor,  Aldermen, 
and  Commonalty  of  the  city  of  New  Voi-k  may  be  put  to 
by  law;  j-uch  portion  of  the  expenwes  of  the  said  city  and 
county  of  New  York,  as  relates  to  repaiiinir,  re[)avin.f^  and 
cleaning?  streets,  in  that  part  of  the  city  lying  south  of  a 
line  running  through  the  centre  of  Forty -second  street, 
Fhall  be  assessed  only  on  that  i)art  of  the  said  city,  lying 
south  of  the  said  line. 

And  also,  a  further  sum,  not  exceeding  eiglit  liundred 
and  twenty-live  thousand  live  hundied  dollars,  by  tax  on 
the  estates,  real  and  personal,  snbjeci  to  taxation,  accord- 
ing to  law,  wiiliin  iIj  j  said  city  and  county,  and  to  Ixi  col- 
lected according  to  law,  to  be  a[»plied  tow.trd  defraying 
the  expenses  ol"  police  in  said  city  and  county. 

And  also,  the  further  sum  of  four  Inndi'cd  and  twenty- 
one  thousand  four  hundred  and  nim;ty  dollars  by  tax,  on 
the  estates,  real  aiiil  personal.  sul)ject  to  taxation,  accord- 
ing to  law,  within  that  p;u  t  of  the  city  and  county  of 
New  York,  which  is  or  may  be  de-<ignated  by  the  Com- 
mon Council  of  the  city  of  New  York,  by  roso'ution  or 
ordinance,  as  the  lamp  district,  to  tie  collected  according 
to  law,  and  applied  lowArtl  the  exp.iiisj  of  liglitiiig  sujb 
part  of  the  city  last  mentioned. 

7 


Doc.  No.  9.) 


98 


And  also,  the  further  sum  of  four  hundred  and  thirty- 
eight  thousand  three  hundred  and  seventy  dollars  and 
forty-seven  cents,  by  lax  on  the  estates,  real  and  personal, 
subject  to  taxation  according  to  law,  within  the  said  city 
and  county,  to  be  collected  according  to  law,  and  applied 
toward  defraying  the  deficiency  on  taxation,  in  said  city 
and  county,  for  the  year  one  thousand  eight  hundred  and 
fifty-six,  of  which  amount  the  sum  of  twenty-nine  thousand 
five  hundred  and  eighty-eight  dollars  shall  be  applied  for 
the  payment  of  the  arrearages  due  on  account  of  the  Cen- 
tral Park. 

§  2.  No  portion  of  the  said  respective  sums  herein  be- 
fore named,  shall  be  expended  or  applied  to  any  other 
purposes  or  objects,  than  said  objects  and  purposes,  re- 
Bpectively,  for  which  the  Board  of  Supervisors  of  said  city 
and  county  of  New  York  are  herein  before  empowered  to 
raise  the  same  as  aforesaid. 

§  3,  This  act  shall  take  effect  immediately, 

State  of  New  York,  > 

Secretary's  Office,     S     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office  at 
the  city  of  Albany,  this  twenty-fifth  day 
[l.  8. J        of  March,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven. 

N.  P.  STANTON, 

De'p.  Secretary  of  State, 


AN  ACT 


TO  LEGALIZE  CERTAIN  ACTION  OF  THEBOABD  OF  SUPKRVISORS 
IN  THE  THE  CITY  AND  COUNTY  OF  NEW  YORK. 

Passed  April  .13, 1857,  three  fifths  being  present. 

The  People  of  the  State  of  Jfew  York,  represented  in  Senate 
and  jSssembly,  do  enact  as  follows: 

Sec.  1.  The  resolution  passed  December  twenty-sixth, 
eighteen  hundred  and  fifty-six,  by  the  Board  of  Supervi- 
sors of  the  city  and  county  of  New  York,  in  the  following 
words,  viz: — "  Resolved,  That  there  be  appointed  a  clerk 
by  the  Receiver  of  Taxes,  to  assist  the  Deputy  Receiver 
of  Taxes  in  the  discharge  of  his  especial  duties,  at  a  salary 
of  one  thousand  dollars  per  annum,  and  that  this  resolu- 
tion take  effect  on,  and  from  the  twenty-sixth  day  of  De- 
cember, eighteen  hundred  and  fifty-six,  is  hereby  declared 
to  be  lawful  and  of  binding  force." 

§  2.  This  act  shall  take  efi'cct  immediately. 

State  of  New  York,  i 

Secretary's  Office.     )     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom,  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the 
city  of  All)an}'.  this  tliirteenth  day  of  April, 
[l.  s.]     in  the  year  one  thousand  eight  hundred 
and  fifty-seven. 

N.  P.  STANTON, 

Dep,  Secretary  of  State, 


AN  ACT 


TO  LKGAL'ZE  CERTAIN  ACTION  OF  THE  BOARD  OF  SUPKRVISORS 
IN  THE  CITY  AND  COUNTY  OF  NEW  YORK. 

Passed  March  10,  1857,  three  fifths  being  present. 

The  People  of  the  State  of  JYtw  York,  represented  in  Senate 
and  Jismmbly^  do  enact  as  follows: 

Sec.  1.  The  resolution  passed  December  thirteenth, 
eiglitcen  hundred  and  filty  live,  by  the  Board  of  Super- 
Tisors  of  the  city  and  county  of  New  York,  in  the  follow- 
ing words,  viz:  ''Resolved^  That  the  clerks  of  the  police 
courts  be  paid  for  extra  services,  in  addition  to  their  pre- 
sent salary,  at  the  rate  of  one  sixth  of  the  compensation 
they  now  receive,  and  that  this  resolution  take  effect  on 
and  from  the  tirst  day  of  January,  eighteen  hundred  and 
fifty-two,  is  hereby  (^eclared  to  bo  lawful  and  of  binding 
forcp. 

§  2.  This  act  shall  take  effect  immediately. 

State  of  New  York,  ) 

Secretary's  Office.     j     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom  and 

ot  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the  city 
[l.  s.]     of  Albany,  this  25th  day  of  Mnrch,  in  the  year 
one  thousand  eight  hundred  and  fifty-seven. 

N.  p.  STANTON, 

Dep.  Secretary  of  State. 


AX  ACT 


IN  RFLATTON  TO  ASSESSMKXTS  IX  TIIK  CITY  OP  NEW  YOIlK,  AND 
TO  AMEND  THE  SEVERAL  ACTS  IN  RELATION  THERETO. 

Pas.«^C(l  A{)ril  IGth,  1857,  three  fifths  bciii',^  present. 

The  People  of  the  Slate  of  JVew  York,  represented  in  Senate 
and  Jissemhly^  do  enact  as  follows: 

Sec.  1.  There  shall  be  in  the  city  of  New  York  three 
'J'ax  Coininissioncrs,  as  now  provided  for  by  law,  but  they 
Bhall  hereafter  be  designated  Commissioners  of  Taxes  and 
Assessments,  and  the  persons  now  holding  such  offices 
shall  coniinue  to  hold  the  same  until  the  first  Monday  of 
July,  eigliiecn  hundred  and  jfifty-nine,  when  their  several 
terms  shall  expire. 

§  2.  The  Supervisors  of  said  county  shall,  on  the  first 
Monday  in  June,  eighteen  hundred  and  fifty-nine,  and 
every  third  year  thereafter,  meet  in  the  City  Hall  of  said 
city,  and  proceed  to  elect,  by  ballot,  three  Commissioners 
of  Taxes  and  Assessments,  for  the  full  term  of  three  years. 
Not  more  than  two  names  shall  be  written  or  i)rinted 
upon  any  ballot,  and  ihe  two  persons  receiving  the  highest 
number  of  votes  shall  be  declared  appointed;  and  the  said 
Supervisors  shall  immetliately  thereafter  select  f  oni  tho 
two  persons  having  the  next  highest  nuniber  of  votes,  the 
third  Commissioner  of  Taxes  and  Assessments.  Any 
vacancy  in  said  Board  of  Commissioners  from  death,  re- 
signation or  oiherwise,  shall  be  filled  by  said  ^'upei  visors 
for  the  balance  of  the  tei-in  for  which  i^ueh  Comini>sioner 
"^-as  apj)ointed.  The  said  Commissionei s,  so  appointed, 
shall  enter  upon  their  duties  on  the  first  Monday  of  July 


'Doc.  No.  9.) 


102 


next  ensiling.  The  annual  compensation  for  each  Com- 
missioner shall  be  three  thousand  five  hundred  dollars,  to 
be  paid  as  a  county  charge. 

§  3.  In  addition  to  the  duties  now  prescribed  by  law  or 
hereafter  imposed  by  this  act,  the  said  Commissioners,  by 
three  of  their  deputies,  especially  by  them  selected  and 
designated  for  this  purpose,  shall  perform  the  duties  now 
discharged  by  the  oficers  of  the  Bureau  of  Assessments, 
which  bureau  of  the  Street  Department  is  hereby  abolished. 

§  4.  The  offices  of  Ward  Assessors  in  the  city  of  New 
York,  as  heretofore  existing,  are  hereby  abolished,  and 
the  powers  and  duties  now  vested  in  and  performed  by 
those  officers,  relative  to  the  assessment  of  real  and  per- 
sonal estate,  shall  hereafter  be  vested  in,  and  performed  by, 
the  officers  provided  for  by  this  act,  and  in  the  manner  here- 
inafter provided;  and  the  provisions  of  law  now  existing 
in  respect  to  the  mode  and  manner  of  making  assessments, 
by  the  Ward  Assessors  in  the  city  of  New  York,  as  far  as 
the  same  are  conformable  to  the  supervision  of  the  Com- 
missioners of  Taxes  and  Assessments,  are  hereby  made 
applicable  to  the  officers  provided  for  in  this  act. 

§  6.  The  Commissioners  of  Taxcy  and  Assessments  shall 
appoint  twelve  persons,  to  be  known  as  Deputy  Tax  Com- 
missioners, who  shall  perform,  under  their  direction  and 
supervision,  the  duties  now  performed  by  the  assessors  of 
the  several  wards  of  said  city,  and  such  other  duties  as 
they  shall  prescribe-  They  shall  hold  office  during  the 
pleasure  of  the  commissioners,  and  shall  receive  such  an- 
nual compensation  as  may  be  determined  by  the  Board  of 
Supervisors,  not  to  exceed  two  thousand  dollars  per 
annum. 


108 


;l)oc.  xVo.  9. 


§  6.  It  sliall  be  the  duty  of  the  Deputy  Tax  Commis- 
sioners, unddr  the  direction  of  the  Commisioners  of  Taxes 
and  Assessments,  to  assess  all  the  taxable  property  in  the 
several  districts  that  may  be  assigned  to  them  for  that 
purpose  by  said  commissioners,  and  shall  furnish  to  them, 
under  oath,  a  detailed  statement  of  all  such  property;  that 
said  deputies  have  personally  examined  each  and  every 
house,  building,  lot,  pier,  or  other  assessable  property, 
giving  the  street,  and  ward  map  number  of  such  real  estate 
embraced  within  said  district,  together  with  the  name  of 
the  owner  or  occupant,  if  known,  also  in  their  judgment, 
the  sum  for  which  such  property,  under  ordinary  circum- 
stances, would  sell,  with  such  other  information  in  detail, 
relative  to  personal  property  or  otherwise,  as  tlie  said 
commissioners  may,  from  time  to  time,  require.  Such 
deputies  shall  commence  to  assess  real  and  personal  estate 
on  the  first  Monday  of  September,  in  each  and  every 
year. 

§  7.  The  Board  of  Supervisors  shall  assign  the  said 
commissioners  and  their  deputies  a  suitable  office  or  offices 
in  the  city  of  New  York,  which  shall  be  kept  open  during 
the  usual  days  and  hours  as  the  other  city  offices  are  by 
law  required  to  be  kept  open,  for  the  transaction  of  busi- 
ness. The  books,  maps,  assessment  rolls,  and  other  papers 
now  pertaining  to  the  office  of  Tax  Commissioner,  and  the 
Bureau  of  Assessments  of  the  Street  Department  shall  bo 
transferred  to  the  custody  and  control  of  the  Commis- 
sioners of  Taxes  and  Assessments,  and  shall  continue  to 
be  public  records,  and  at  all  reasonable  times  shall  be 
open  to  public  inspection. 

§  8.  The  said  commissioners  shall  appoint  such  number 


Doc.  No.  y.) 


10-i 


of  clerks  as  the  Snpcrvii^ors.  by  rcpolution,  shall  prescribe, 
who  sliall  hold  ollice  during  the  pleasure  of  the  commis- 
sioners, and  receive  for  their  services  such  compcrisnliou 
as  may  be  fixed  by  said  Supervisors,  to  be  paid  as  a  county 
charge, 

§  9.  The  said  commissioners  sliall  also  appoint,  by  and 
"with  ihe  con^^rnt(>f  ihe  ."Supervisors,  a  city  sui'vcyor,  whose 
duty  it  shall  be  to  make  the  necessary  surveys  and  cor- 
rections of  the  ward  maps,  and  also  all  new  maps  which 
may  be  required  lor  ihe  more  accurnlc  ai-sessment  of  real 
estate.  He  shall  hold  uilice  3t  the  })leasui"e  of  the  com- 
missioners, and  shall  receive  for  his  services  an  annual 
compensation  not  to  exceed  the  sum  of  three  thousand 
dollars,  to  be  fixed  by  the  Supervisors,  and  paid  as  a 
county  charge. 

§  10.  The  said  commissioners  shall  keep  in  their  office, 
books  to  be  provided  for  that  purpose,  by  the  Board  of 
Su()ervisors,  to  be  cnlled  "  the  annual  recoi  d  of  the  assess- 
ed valuation  of  real  and  pei'soiial  estate,''  in  which  shall 
be  entered  in  detail  the  assessed  valuations  of  all  taxable 
property  within  the  city  and  county  of  New  Yoik,  and 
which  said  books  shall  be  opened  for  examinntion  and 
correction  from  the  second  Monday  of  January  until  iho 
first  day  o(  May,  in  each  and  every  year,  but  on  said  last 
mentioned  day,  the  same  shaH  be  closed  to  enable  iho 
commissioners  to  prei)are  asscssinent  rolls  of  the  several 
wards,  for  delivery  to  the  Supervisors,  as  hereinafter  pro- 
vided. 

§  11.  The  said  commissioners,  previous  to  and  during 
the  time  said  books  are  opened  lor  ins))Cction,  shall  ad- 
vertisL*  the  fact;  in  the  several  iie\vs])apcrs,  or  in  such 


105 


(Hoc.  No.  9. 


manner  as  tlicy  may  dcom  most  advisable,  and  llic  cliai  frcg 
tliciefor  ccrtilicd  by  ilic  rom-nissioncrs  yliall  he  awarded 
and  allowed  by  tlie  Siipervisoi\s  as  a  county  cliaigc. 

§  12.  Diirini^  the  time  the  books  Fhall  be  open  to  public 
ins[)Cction,  as  herein  before  pi  ovided;  application  may  bo 
made  by  any  person  considering  liimself  ag<:^rieved  by  the 
assessed  valuation  of  his  leal  oi-  j)ei'sonal  estate,  to  have 
the  same  con-ectcd.  If  such  application  be  made  in  lela- 
tion  to  the  assessed  valuation  of  real  estate,  it  must  be 
made  in  v.'ritin<^,  stating  the  ground  of  objections  thereto, 
and  thereupon  the  commissioners  shall  examine  into  the 
complaint,  and  if,  in  their  judgment,  the  assessment  is 
erroneous,  they  shall  cause  the  same  to  be  corrected.  If 
such  ap[)lication  be  made  in  relation  to  the  assscsscd  valua- 
tion of  personal  estate,  the  applicant  shall  be  examined 
under  oath  by  the  said  commissioners  or  any  of  them,  and 
if  in  their  judgment  the  assessmen-t  is  erroneous,  they  shall 
cause  the  same  to  be  corrected,  and  declare  tlieir  decision 
thereon,  within  thirty  days  after  such  application  shall 
have  been  made  to  them.  No  reduction  shall  be  made  by 
the  Board  of  Supervisors*  of  any  assessment  on  real  or 
personal  estate'  imposed  under  this  act,  unless  it  shall 
apj)ear,  under  oath  or  affirmation,  that  the  party  aggrieved 
was  unable  to'atlend  within  the})eviod  })iescribed  l"or  the 
correction  of  taxes,  by  reason  of  sickness  or  absence  from 
the  city. 

§  Vl.  It  being  the  intention  of  this  act  to  provide  for 
the  better  C(]ualizalion  of  the  taxation  in  the  city  and 
county  of  New  Yoik,  the  commissioners  may,  at  any  time 
before  the  second  <hiy  of  Api  il,  in  each  year,  increase,  and 
at  any  lime  Ijcforc  the  closing  of  the  books  of  annual 


Doc.  No.  9.) 


106 


record  on  the  first  day  of  May,  in  each  year^diminish  the 
assessed  valuation  of  any  of  the  aforesaid  taxable  real  or 
personal  estate  in  said  city,  as  in  their  judgment  may  be 
necessary  for  such  equalization,  but  they  shall  not  in- 
crease such  valuations  after  said  books  are  open  for  cor- 
rection and  review,  except  upon  notice  being  given  to  the 
party  affected  by  such  increase,  twenty  days  before  the 
closing  of  said  books. 

§  14,  On  the  first  day  of  May,  in  each  year,  the  com- 
missioners shall  cause  to  be  prepared  from  the  books  of 
annual  record  of  assessed  valuations  of  real  and  personal 
estate  in  the  city  of  New  York,  assessment  rolls  for  each 
of  the  several  wards  of  said  city  in  the  same  form  as  the 
same  are  now  by  law  directed  to  be  prepared,  and  shall 
annex  to  each  of  said  rolls  their  certificate  that  the  same 
is  correct  in  accordance  with  the  'entries  in  said  books  of 
record. 

§  15.  The  rolls  thus  certified  must  on  the  first  Monday 
of  July,  in  each  year,  he  delivered  by  the  said  Commis- 
sioners to  the  Supervisors  of  the  city  and  county  of  New 
York,  who  shall  meet  at  noon  on  that  day  at  the  City 
Hall,  in  said  city,  for  the  purpose  of  receiving  the  same, 
and  for  the  purpose  of  performing  such  other  duties  in 
relation  thereto  as  are  prescribed  by  law. 

§  15.  Whenever  any  permit  shall  be  granted  by  the 
proper  officer  of  the  city  government  for  the  erection  of 
any  building,  pier  or  bulkhead,  within  said  city,  a  copy  of 
such  permit  shall  be  furnished  by  the  said  officer  to  the 
Commissioners  of  Taxes  and  Assessments. 

§  IT.  All  assessments  directed  by  ordinance  of  the 
Common  Council  of  the  city  of  New  York,  shall  be  made 


107 


(Doc.  No.  9. 


in  accordance  with  exi.stiug  law??,  by  the  persons  selected 
and  designated  as  deputies.  The  said  commissioners, 
with  any  one  of  said  deputies  shall,  together,  form  a  Boird, 
and  select  a  president,  who  shall  give  all  notices  now  re- 
quired by  law  to  be  given  by  Assessors  or  the  Chairman 
thereof,  for  assessments  directed  by  Corporation  ordi- 
nances, and  all  objections  shall  be  heard  before  said  Board, 
and  u^itil  the  first  day  of  January,  eighteen  hundred  and 
fifty-nine,  thepersons  now  in  ofTice.  known  as  the  Assessors 
of  the  Street  Department,  shall  be  designated  by  said 
commissioners  as  their  deputies  for  making  the  assessments 
so  directed  by  Corporation  ordinances,  and  shall  exercise 
the  powers,  perform  the  duiies  and  receive  the  compensa- 
tion as  provided  by  law  before  the  passage  of  this  act, 
but  at  the  expiration  of  the  said  term,  the  deputies  desig- 
nated for  such  duty  shall  receive  an  annual  salary,  as 
provided  for  in  section  five  of  this  act. 

§  18.  The  said  deputies  or  a  majority  thereof,  shall 
make  the  estimates  and  assessments  required  by  law  for 
building  wells,  erecting  pumps,  pitching,  paving  and  re- 
pairing streets  and  sidewalks,  constructing  sewers,  fencing 
lots  and  filling  public  slips,  or  any  other  improvement 
directed  by  an  ordinance  of  tie  Common  Council. 

§  19.  The  said  commissioners  shall,  on  the  completion 
by  said  deputies  of  any  assessment  mentioned  in  the  last 
section,  publish,  for  ten  days,  in  the  Corporation  papers, 
€L  notice  that  the  same  is  completed,  and  will  remain  in 
their  ofiice  thirty  days  for  examination,  by  all  parties  in- 
terested therein,  and  that  at  the  end  of  that  time,  the 
said  commissioners,  or  a  majority  of  them,  shall  certify 
the  same  in  writing,  to  the  Common  Council  for  confirma- 


Doc.  No.  9.) 


103 


tion.  The  notices  sliall  nlso  contain  a  general  dcscrip* 
tioii  of  the  limits  wiihiii  wliich  propeny  is  aiTected  by  tlio 
assessuieiit.  If  oUjeciioiis  be  presented  within  the  time 
then  uieiitioned  in  the  iioiiee,  upon  which  they  shall  refuse 
to  alter  their  assessment  list,  or  if,  notwithstanding  its 
altcv'ation,  objectione  shall  be  made,  they  shall  present 
the  assessment  list  with  such  objections  to  the  Commoa 
Council. 

§  1:0.  The  commissioners  shall  describe  in  the  assess- 
ment list,  the  several  houses  and  lots  assessed  by  the 
known  street  numbers  and  the  ward  map  numbers,  and 
ehall  also  state  therein  the  names  of  the  owner  or  owners 
and  occupant  or  occupants  thereof  respectively.  In 
making  their  assessment,  the  commissioners  shall  in  no 
case  assess  upon  a  house  or  lot  or  upon  land,  whether 
improved  or  unimproved,  more  than  one  third  the  value 
as  fixed  by  them  on  the  annual  record  of  assessments  for 
taxes  last  confirmed  by  the  Board  of  Supervisors. 

§  2L  They  shall  enter,  in  book-?  to  be  provided  for  that 
purpose,  a  full  and  complete  record  in  detail,  of  all  assess- 
ments confirmed  by  the  Supreme  Court,  or  by  the  Com- 
mon Council,  which  shall  at  all  convenient  times  be  opca 
to  public  inspection. 

§  I'l.  All  the  powers  and  duties  now  possessed  by  the 
Street  Commissioner  of  the  city  of  New  York,  or  by  his 
departmenf,  in  regard  to  making  and  perfecting  assess- 
mcnis,  shall  devolve  upon  the  Commissioners  of  Taxes 
and  Assessments. 

§  23.  All  acts  and  parts  of  acts  of  the  legislature  of 
this  state,  not  inconsistent  wiih  the  j)rovisions  of  this 
law,  shall  continue  to  remain  in  full  force  and  effect. 


100 


(Doc.  No.  9. 


§  '2\.  A  coi-tiorni-i  to  review  and  corroct,  on  tlic  inci-its 
any  decision  or  action  of  (lie  s;ii(l  coMnni^si()ners,  ninlor 
section  twelve  oi*  tliirtecn  oC  tliis  ;i('t,  l)o  allowtMl  liy 

the  Sniuenie  Coui't.  or  nn\  jti'liit;  tliereor.  diiccLrd  to  tlio 
said  conunijisionei's,  on  the  pL'tiiioii  ol  the  parly  airirrieved, 
and  sh  ill.  with  the  return,  be  hemd  ami  decided  Ibrthwilh, 
by  said  court,  in  [jrclerencc  to  all  other  matter?,  actions 
or  i)roccediii<;.s. 

V 

§  25.  This  act  shall  take  effect  immediately. 

Statr  of  Nkw  YoifK,  1 

Stcrctary^s  Ofjiic.      \    I  have  compared  the  preceding 

with  (he  original  law  on  file  in  thi^^  ofiice,  and  do  hereliy 

certify  that  the  same  is  a  correct  transcript  therel'rom,  aud 

of  the  whole  of  said  original  law. 

Given  nndei*  my  hand  and  seal  ofoflice,  at  the 
city  of    Albany,  this    twenty-liisc  day  of 
[l.s  )  April,  in  the  year  one  thousand  eight  hun- 

dred and  tifty-seven. 

N.  P.  STAN  TO  y, 

Z)(  y .  Si  c  n  I  a  ry  of  Si  ate. 


AN  ACT 


TO  SUPPRESS  INTEMPERANCE,  AND  TO  REGULATE  THE  SALE  OP 
INTOXICATING  LIQUORS. 

Passed  April  16*1857 — three  fifths  being  present. 

The  People  of  the  State  of  Kew  York^  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

§  1.  There  shall  be  appointed  on  the  second  Tuesday- 
of  May  next,  by  the  County  Judge  and  the  two  Justices 
of  the  Sessions,  or  a  majority  of  them,  of  which  the  County 
Judge  shall  be  one,  in  each  of  the  counties  of  this  state 
(except  the  city  and  county  of  New  York,  wherein  the 
Chief  Justice  of  the  Superior  Court,  the  presiding  Judge 
of  the  Court  of  Common  Pleas,  and  the  Recorder  of  the 
city,  or  any  two  of  them,  shall  appoint),  at  the  place  where 
the  county  courts  are  required  to  be  held,  three  reputable 
freeholders,  residents  of  the  county,  who  shall  be  the  Com- 
missioners of  Excise  for  their  respective  counties,  and  shall 
be  known  as  the  Board  of  Commissioners  of  Excise.  The 
said  county  judge  and  justices,  and  in  the  city  of  New 
York,  the  Chief  Justice  of  the  Superior  Court,  the  pre- 
siding Judge  of  tlie  Court  of  Common  Pleas,  and  the  Re- 
corder of  the  city,  shall  meet  at  the  time  and  place  afore- 
said, and  divide  the  said  Commissioners  into  three  classes 
by  lot.  The  Commissioner  as-igned  to  the  first  class, 
shall  hold  his  office  until  the  first  day  of  January,  eighteen 
hundred  and  fifty-nine,  the  Commissioner  in  the  second 
class  until  the  first  day  of  January,  eighteen  hundred  and 
sixty-one,  and  the  Commissioner  in  the  third  class  until 
the  first  day  of  January,  eighteen  hundred  and  sixty-three, 


Ill 


(Doc.  No.  9. 


and  one  Commissioner  in  every  two  3'ears  tlicreafter,  as 
the  term  of  office  shall  expire,  shall  be  appointed  on  th'* 
second  Tuesday  of  May  in  such  year,  at  the  jdace  and  hy 
the  authorities  above  provided,  who  shall  hold  his  office 
for  six  years  from  the  first  day  of  January  following  hi" 
appoint^nent.  In  case  of  a  vacancy  in  the  office  of  County 
Judge,  the  appointment  of  Commissioners  shall  be  made 
by  the  Justice  of  the  Session?.  In  case  of  a  vacancy  by 
death,  or  otherwise,  in  the  Board  of  Commissioners,  such 
vacancy  shall  be  filled  by  the  said  judge  and  justices,  or  by 
the  said  Chief  Justice  of  the  Superior  Court,  the  presiding 
judge  of  tlie  Court  of  Common  Pleas,  and  the  Recorder  of 
the  city'of  New  York  for  the  unexpired  term  of  such  Com- 
missioners; every  Commissioner,  before  he  shall  enter  upon 
his  duties,  shall  take  and  subscribe  the  oath  prescribed  by 
section  one.  article  twelve,  of  the  Constitution. 

§  2.  The  Commissioners  of  Excise  shall  meet  in  their 
respective  counties  at  the  place  aforesaid,  on  the  third 
Tuesday  of  May  in  each  year,  aud  on  such  other  days  as 
a  majority  of  the  Coimmssioners  shall  appoint,  not  exceed- 
ing ten  days  in  any  one  year,  and  in  the  city  of  New  York 
not  exceeding  fifty  days,  for  the  purpose  of  granting  licen- 
ses, as  hereinafter  prescribed.  They  shall  have  power  to 
grant  licenses  to  keepers  of  inns,  taverns  or  hotela,  being 
residents  of  the  town  or  city  where  such  inn,  tavern  or 
hotel  is  proposed  to  be  kept,  to  sell  strong  and  spirituous 
liquors,  and  wines,  to  be  drank  in  their  houses  respec- 
tively; and  to  store  keepers,  being  such  residents,  a  license 
to  sell  such  liquors  and  wines  in  quantities  less  than  five 
gallons,  but  not  to  be  drank  in  their  shops,  houses,  out- 
houses, yards  or  gardens,  and  they  shall  have  power  to  de- 
termine the  sum  to  be  paid  for  a  license  by  each  person 


Doc.  No.  9.) 


112 


applying,  which  sum  shall  be  as  follows:  In  towns  and 
incoi'poratcd  villages,  not  less  than  thirty  dollars,  nor 
more  than  one  hundied  dollars;  and  in  cities,  not  less 
than  thirty  dollars,  nor  more  than  two  hundred  and  (ifr.y 
dollars;  no  license  shall  be  granted  to  any  person  or  firm 
to  sell  in  more  tlian  one  place. 

§  3.  They  shall  keep  a  book  of  minutes  of  all  their  pro- 
ceedings, in  which  shall  be  entered  every  resolution  passed 
by  them,  granting  a  license  to  any  person,  with  the  sum 
required  to  be  paid,  which  minutes  shall  be  verified  by 
their  signatures,  and  filed  u  ith  the  town  clerk  of  the  town 
for  which  such  license  shall  be  granted,  and  in  the  several 
cities  of  the  state,  with  the  city  clerk,  within  eight  days 
thereafter. 

§  4.  All  licenses  shall  be  signed  by  the  Commissioners 
granting  the  same.  Tliey  shall  not  be  issued  until  the  re- 
quirenients  fixed  by  the  Board  shall  have  been  complied 
with;  when  issued,  they  shall  be  in  force,  unless  revoked, 
until  ten  days  after  the  third  Tuesday  in  May  next  suc- 
ceeding the  granting  of  such  license,  and  in  the  city  of 
New  York  until  fifty  days  thereafter. 

§  5  Each  of  said  Boards  of  Commissioners  of  Excise, 
shall  have  the  right  to  appoint  a  clerk  for  the  time  they 
may  be  actually  in  session,  in  accordance  with  the  provi- 
sions of  this  act,  such  clerk  to  receive  the  same  compensa- 
tion as  is  allowed  by  this  act  to  each  of  the  Commis- 
sioners. They  shall  keep  a  book  of  minutes  of  proceed- 
ings, on  which  shall  be  entered  the  names  of  all  appli- 
cants for  license;  and  they  shall  also  enter  on  said  book  a 
list  of  all  licenses  granted,  with  the  names  of  the  parties  to 
whom  the  same  are  granted,  and  the  names  of  the  securi- 
ties to  the  bond  required  in  each  case.    The  said  book  of 


113 


(Doc.  Xo.  9. 


minutes  shall  be  deposited  in  the  office  of  the  County 
Clerk.  No  fee  or  reward  shall  be  taken  by  any  Board  of 
Excise,  or  by  any  member  thereof,  or  by  any  clerk  tlicrcof, 
for  any  license  to  keep  an  inn,  tavern  or  hotel,  or  lo  sell 
strong  or  spirituous  liquors,  or  for  any  service  required  of 
Buch  Board,  nor  shall  any  compensation  be  retained  by 
any  such  board,  or  by  any  member  thereof,  or  by  any  clerk 
thereof,  out  of  the  excise  money,  but  the  whole  amount 
thereof  shall  be  paid  over  to  the  County  rreasurer,  for  the 
use  of  the  poor  in  the  several  counties;  but  the  persons 
composing  such  Hoard  of  Excise  shall  be  entitled  each  to 
receive  the  sum  of  three  dollars  per  day  for  services 
actually  performed,  to  be  allowed  and  paid  in  like  manner 
as  other  county  charges,  and  no  other  or  greater  compen- 
sation shall  be  allowed.  The  expenses  of  procuring  neces- 
sary books  for  minutes,  and  necessary  blanks,  when  actually 
incurred,  shall  be  audited  and  paid  in  like  manner  as  other 
county  charges. 

§  6.  License  shall  not  be  granted  to  luy  person  to  sell 
strong  and  spirituous  liquors  and  wines  to  be  drank  on  the 
premises  of  the  person  licensed,  unless  such  person  pro- 
poses to  keep  an  inn,  tavern  or  hotel,  nor  unless  the  Com- 
missioners are  satisfied  th  it  the  applicant  is  of  good  moral 
character;  that  he  has  sufficient  ability  to  keep  an  inn, 
tavern,  or  hotel,  and  the  necessary  accommodations  to 
entertain  travelers,  and  that  an  inn,  tavern  or  hotel  is 
required  for  the  actual  accommodation  of  travelers,  at  the 
place  where  such  applicant  resides  or  proposes  to  keep  the 
Lime;  all  which  shall  be  expressly  stated  in  such  license; 
and  no  such  license  shall  be  granted  except  on  the  petition 
of  not  less  than  twenty  respectable  freeholders  of  this  state, 
residing  in  the  election  district  where  such  inn,  tavern  or 


Doc.  No.  9.)  114 

hotel  is  proposed  to  be  kept,  by  them  duly  signed  and 
verified  by  the  oath  of  a  subscribing  witness,  and  not  then 
unless  in  the  opinion  of  the  Commissioners  such  inn,  tavern 
or  hotel  is  necessary  or  proper,  and  not  more  than  one 
license  shall  be  granted  on  the  memorial  of  the  same  peti- 
tioners, or  any  of  them;  all  petitions  upon  which  such 
licenses  shall  be  granted  shall  be  filed  with  the  County 
Clerk  within  eight  days.  And  in  case  the  Commissioners 
shall  grant  any  license  contrary  to  the  provisions  of  this 
act  they  shall  be  deemed  guilty  of  a  misdemeanor. 

§7.  Nor  shall  such  license  to  keep  an  inn,  tavern  or 
hotel  be  granted  until  the  applicant  shall  have  executed 
and  delivered  to  the  Board  of  Commissioners  of  Excise^ 
herein  provided,  a  bond  to  the  people  of  this  state,  in  the 
penal  sum  of  two  hundred  and  fifty  dollars,  with  sufficient 
sureties,  who  shall  duly  justify  in  the  sum  of  five  hundred 
dollars,  to  be  approved  by  the  Board  of  Commissioners, 
with  a  condition  that  such  applicant,  during  the  time  that 
he  shall  keep  any  inn,  tavern  or  hotel,  will  not  suffer  it  to 
be  disorderly,  oi-  sntfer  anv  gambling,  or  keep  a  gambling 
table  of  any  description,  within  the  inn,  tavern,  or  hotel,  so 
kept  by  him,  oi-  in  aiiy  outhouse,  yard  or  garden  belonging 
thereto. 

§  8.  Every  keep  *r  of  an  inn,  tavern  or  hotel,  in  any  of 
the  towns  or  villages  of  this  state,  shall  keep  in  his  house 
at  least  three  spare  bids  for  his  guests,  with  good  and  suf- 
ficient bedding,  and  i^hall  provide  and  keep  good  and  suf- 
ficient stabling,  and  provender  of  hay  in  the  winter,  and 
hay  or  pasturage  in  the  summer,  and  grain  for  four  horses 
or  other  catile  more  than  his  own  stock,  for  the  accommo- 
dation of  travelers;  and  every  keeper  of  an  inn,  tavern 


115 


(Doc.  No.  9. 


or  hotel  in  the  cities  of  this  state,  sliall  keep  at  least  tlirec 
spare  beds,  and  the  necessar^^  bedding*  for  the  accommoda- 
tion of  travelers.  For  ever}-  neglect  or  default  in  having 
either  of  the  articles  herein  required,  such  keeper  shall 
forfeit  ten  dollars,  to  be  recovered  by  the  overseers  of  the 
poor,  for  the  use  of  the  poor. 

§  9.  Every  inn,  tavern  or  hotel  keeper  licensed  under  the 
provisions  of  this  act,  shall,  within  thirty  days  after  obtain- 
ing his  license,  put  up  a  proper  sign  on  or  adjacent  to  the 
front  of  his  house,  with  his  name  thereon,  indicating  that 
he  keeps  an  inn,  tavern  or  hotel,  and  he  shall  keep  up  such 
sign  during  ihe  time  that  he  keeps  an  inn,  tavern  or  hotel. 
For  every  month's  neglect  to  keep  up  such  sign,  he  shall 
forfeit  ten  dollars. 

§  10.  No  inn,  tavern  or  hotel  keeper,  who  shall  trust  any 
person,  other  than  those  who  may  be  lodgers  in  his  house, 
for  any  sort  of  strong  or  spirituous  liquors  or  wines,  shall 
be  capable  of  recovering  the  same  by  any  suit  All  socui'i- 
ties  given  for  such  debts  shall  be  void;  and  the  inn,  tavern 
or  hotel  keeper  taking  such  securities  with  intent  to  evade 
this  provision,  shall  forfeit  doublo  the  sum  intended  to  be 
secured  thereby. 

§  11.  In  all  licenses  th  it  may  bo  grunto  i  ^  \  ^  '  «.o 
inn,  tavern  or  hotel  ke  'pers)  to  sell  strong  or  spirituous 
liquors  or  wines,  in  quantities  le-s  thun  live  gallons,  tl^ere 
shall  be  inserted  an  exprcsss  declaration  that  such  'icQuse 
shall  not  be  deemed  to  authorize  the  sale  of  any  strong  or 
spirituous  liquor,  or  wine,  to  be  drank  in  the  house  or  shop 
of  the  person  receiving  such  license,  or  in  any  Oiitho  i^o, 
yard  or  garden  appertaining  thert-to,  or  c  iunoct^  l  there- 
with. 


Doc.  No.  9.) 


116 


§  12.  Such  licenses  shall  not  be  granted,  unless  the  Com- 
missioners are  satisfied  that  the  applicant  is  of  good  moral 
character,  nor  until  such  applicant  shall  have  executed  a 
bond  to  the  people  of  this  state  in  the  penal  sum  of  five 
hundred  dollars,  with  sufficient  sureties,  who  shall  duly 
justify  in  the  sura  of  one  thousand  dollars,  to  be  approved 
by  the  Commissioners,  and  to  be  delivered  to  the  Commis- 
sioners, conditioned  that  during  the  term  for  which  his 
license  shall  be  granted  he  will  not  suffer  his  place  of  busi- 
ness to  become  disorderly;  that  he  will  not  sell,  or  suffer 
to  be  sold,  any  strong  or  spirituous  liquors  or  wines  to  be 
drank  in  his  shop  or  house,  or  in  any  outhouse,  yard  or 
garden  appertaining  thereto,  and  that  he  will  not  suffer  any 
such  liquor,  sold  by  virtue  of  such  license,  to  be  drank  in 
bis  shop  or  house,  or  in  any  outhouse,  yard  or  garden  be- 
longing thereto;  and  whenever  any  person  is  seen  to  drink 
in  such  shop  or  house,  outhouse,  yard  or  garden,  belonging 
thereto,  any  spirituous  liquors  or  wines,  forbidden  to  be 
drank  therein,  it  shall  be  prima  facie  evidence  that  such 
spirituous  liquor  or  wines  were  sold  by  the  occupant  of 
such  premises,  or  his  agent,  with  the  intent  that  the  same 
should  be  drank  therein.  On  any  trial  for  the  offence  last 
aforesaid,  such  occupant  or  agent  may  be  allowed  to  testify 
respecting  such  sale. 

§  13.  Whoever  shall  sell  any  strong  or  spirituous  liquors 
or  wines  in  quantities  less  than  five  gallons  at  a  time,  with- 
out having  a  license  therefor,  granted  as  herein  provided, 
shall  forfeit  fifty  dollars  for  each  offence. 

§  14.  Whoever  shall  sell  any  strong  or  spirituous  liquors 
or  wines  to  be  drank  in  his  house  or  shop,  or  any  outhouse, 
yard  or  garden  appertaining  thereto,  or  shall  suffer  or  per- 


117 


(Doc.  No.  9. 


mit  any  such  liquors  or  wines  sold  l»y  liim,  or  under  hia 
direction  or  authority,  to  bo  drank  in  his  house  or  shop, 
or  in  any  outhouse,  yard  or  garden  thereto  belonging, 
without  having  obtained  a  license  therefor  as  an  inn,  tav- 
ern or  hotel  keeper,  shall  forfeit  lifty  dollars  for  each  offence. 

§  15.  No  inn,  tavern  or  hotel  keeper,  or  any  other  per- 
son licensed  to  sell  any  strong  or  spirituous  liquors  or 
wines,  shall  sell  or  give  away  any  such  liquors  or  wines  to 
any  Indian  or  apprentice,  knowing  or  having  reason  to  be- 
lieve him  to  be  such,  without  the  consent  of  his  master  or 
mistress,  nor  to  any  minor  under  the  age  of  eighteen  years 
without  the  consent  of  his  father  or  mother,  or  guardian. 
Whoevc"  shall  offend  against  either  of  these  provisions 
shall  forfeit  ten  dollars,  to  be  recovered  by  the  master  of 
such  apprentice  or  servant,  or  by  the  parent  or  guardian  of 
such  minor;  and  any  person  who  shall  sell  or  give  away 
any  strong  or  spirituous  liquor  to  any  Indian  in  this  state, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction, 
shall  be  liable  to  a  fine  of  twenty-five  dollars  for  each  and 
every  offence. 

§  iC.  It  shall  be  the  duty  of  every  sheriff,  under  sheriff, 
deputy  sheriff,  constable,  marshal,  policeman,  or  officer  of 
police,  to  arrest  all  persons  found  actually  engaged  in  the 
commission  of  any  offence  in  violation  of  this  act,  and  forth- 
with to  carry  such  person  before  any  magistrate  of  the 
same  city  or  town,  to  be  dealt  with  according  to  the  pro- 
visions of  this  act;  and  it  shall  be  the  duty  of  such  magis- 
trate, on  sufficient  proof  that  such  offence  has  been  com- 
mitted, unless  such  person  shall  elect  to  be  tried  before 
such  magistrate,  to  require  a  bond  to  be  executed  by  such 
offender  in  the  penal 'sum  of  one  hundred  dollars,  with  sure- 


Doc.  No.  9.) 


118 


ties,  who  shall  justify  in  double  the  amount,  severally  con- 
ditioned, that  Buch  offender  will  appear  and  answer  the 
charge  at  the  next  term  of  the  Court  of  Oyer  and  Terminer 
or  Sessions  to  be  held  in  said  county,  and  abide  the  order 
and  judgment  of  the  court  thereon,  or  to  commit  such 
offender  to  the  county  jail  until  sucli  judgment  of  said 
court,  or  until  he  be  discharged  according  to  law.  And  it 
shall  be  the  duty  of  the  magistrate  to  entertain  any  com- 
plaint of  a  violation  of  this  act,  made  by  any  person  under 
oath,  and  forthwith  to  issue  a  warrant  and  cause  such 
offender  to  be  brought  before  him,  to  comply  with  the  pro- 
visions of  this  section;  and  such  magistrate  shall,  within 
ten  days,  cause  such  bond,  together  with  all  papers  and 
affidavits,  with  a  list  of  the  persons  and  residences  of  the 
<jomplainants  and  witnesses  examined  before  him,  to  be 
delivered  to  the  district  attorney  of  the  county,  whose 
duty  it  shall  be  forthwith  to  prosecute  the  same. 

§  17.  It  shall  be  the  duty  of  every  such  officer,  whenever 
he  shall  find  any  person  intoxicated  in  any  public  place,  to 
apprehend  such  person,  and  take  him  before  some  magis- 
trate of  the  same  city  or  town;  and  if  such  magistrate  shall, 
after  due  examination,  deem  him  too  much  intoxicated  to  be 
examined,  or  to  answer  on  oath  correctly,  he  shall  direct 
said  officer  to  keep  him  in  some  jail,  lock-up,  or  other  safe 
and  convenient  place,  until  he  shall  become  sober,  and 
thereupon  forthwith  to  bring  him  before  said  magistrate; 
and  whenever  any  person  shall  be  brought  before  any  magis- 
trate, as  provided  in  this  section,  it  shall  be  the  duty  of  such 
magistrate  to  administer  to  such  person  an  oath  or  affirma- 
tion, and  examine  him  as  to  the  cause  of  such  intoxication, 
and  to  ascertain  the  person  or  persons  who  sold  or  gave 


119 


(Doc.  No.  9. 


the  liquor  to  such  person;  such  intoxication  lioinu^  hereby 
declared  to  be  an  offence  against  the  provisions  of  this  act, 
punishable,  upon  conviction,  by  a  fine  of  ten  dollars,  and 
costs  at  the  same  rate  as  in  Courts  of  Special  Sessions,  and 
imprisonment  in  the  county  jail,  work-house  or  penitentiary 
until  })aid,  nor,  however,  to  exceed  ten  days.  It  shall  be 
the  duty  of  such  officers  to  arrest,  or  cause  to  be  arrested, 
all  such  persons  when  so  intoxicated,  and  of  the  magistrate 
to  entertain  such  complaints  and  make  such  examination, 
under  the  penalty  of  fifty  (lollars,  wiih  full  costs  of  suit,  for 
any  neglect  to  comply  with  the  provisions  of  this  section. 

§  18.  Whoever  shall  sell  or  give  away  any  strong  or 
spirituous  liquors  or  wines,  or  shall  suffer  any  such  liquors 
or  wines  to  be  sold  or  given  away,  under  his  direction  or 
authority,  to  any  intoxicated  person,  shall  forfeit  not  less 
than  ten  nor  more  than  twenty-five  dollars  for  each  offence. 

§  19.  It  shall  be  the  duty  of  magistrates  and  overseers  of 
the  poor,  in  any  town  or  city,  on  complaint  and  satisfactory 
proof  by  a  wife,  that  her  husband  is  an  habitual  drinker  of 
intoxicating  liquors,  to  issue  written  notices  to  all  dealers 
in  intoxicating  liquors,  against  whom  such  complaint  is 
made,  forbidding  the  sale  or  giving  of  such  liquor  to  such 
husband  for  the  term  of  six  months  from  the  date  of  the 
notice,  under  a  penalty  of  fifty  dollars,  with  costs,  for  each 
and  every  sale  or  giving  of  such  liquor,  alter  such  notice 
shall  have  been  given;  to  be  sued  for  in  her  own  name  and 
for  her  own  use.  It  shall  be  the  duty  of  such  magistrates 
and  overseers  of  the  ])oor,  to  forbid  the  sale  in  like  manner, 
in  all  cases  when  a  husband  shall  make  like  satisfactory 
proof  concerning  the  wife,  and  all  the  provisions  of  this 
section  shall  apply  the  same  in  either  case.  It  shall  be  the 


Doc.  No.  9.) 


120 


duty  of  magistrates  and  overseers  of  the  poor,  when  like 
proof  is  made  by  a  parent  concerning  a  child,  who  is  a 
minor  under  the  age  of  twenty-one  years,  or  by  a  child 
concerning  a  parent,  to  f<Tbid  the  salein  like  manner;  and 
all  the  provisions  of  this  act  shall  apply  as  in  other  cases 
named  above. 

§  20.  It  shall  not  be  lawful, under  the  provisions  of  this 
act,  to  sell  intoxicating  liquors  to  any  person  guilty  of 
habitual  drunkenness,  nor  to  any  person  against  whom  the 
seller  may  have  been  notified  by  parent,  guardian,  husband 
or  wife,  from  selling  intoxicating  liquors,  and  every  party 
so  selling  or  retailing  intoxicating  liquors,  shall,  on  proof 
thereof,  before  any  court  of  competent  jurisdiction,  be  de- 
prived of  his  license  tw  sell,  and  shall  not  be  allowed  a 
renewal  of  said  license,  and  in  addition,  on  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars, 
nor  more  than  fifty  dollars,  for  each  and  every  violation  of 
the  provisions  herein  set  forth.  If  any  inn,  tavern  or  hotel 
keeper,  or  any  other  person  or  persons  whatsoever,  know- 
ingly (outside  of  any  poor-hou-e,)  shall  sell  or  give  to  any 
pauper  or  inmate  of  any  poor-house  or  alms-house,  strong 
or  spirituous  liquors  or  wines,  such  person  or  persons  so 
offending  shall  be  fined  twenty-five  dollars,  and  be  guilty 
of  a  misdemeanor,  and  on  conviction,  shall  be  imprisoned 
not  more  than  sixty  days. 

§  21.  No  inn,  tavern  or  hotel  keeper,  or  person  licensed 
to  sell  liquors,  shall  sell  or  give  away  any  intoxicating 
liquors  or  wines  on  Sunday,  or  upon  any  day  on  which  a 
general  or  special  election  or  town  meeting  shall  be  held, 
and  within  one  quarter  of  a  mile  from  tlie  place  where  such 
general  or  special  election  or^town  meeting  shall  be  held, 


121 


(Doc.  No.  9 


in  any  of  the  cities,  villages  or  towns  of  this  state,  to  any 
person  whatever,  as  a  beverage.  In  case  the  election  or 
town  meeting  shall  not  be  cfcnoral  throughout  the  state, 
the  provisions  of  this  section,  in  such  case,  shall  only  apply 
to  the  city,  county,  village  or  tov/ns  in  which  such  election 
or  town  meeting  shall  be  held.  Whoever  shall  offend 
against  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  imprisoned  in 
the  county  jail,  work-house  or  penitentiary,  not  more  than 
twenty  days. 

§  22.  The  penalties  imposed  by  this  act,  except  the  penal- 
ties provided  for  by  sections  eight,  fifteen  and  nineteen, 
shall  be  sued  for  and  recovered  in  the  name  of  the  Board 
of  Commissioners  of  Excise,  and  paid  over  to  the  Treas- 
urer of  ih%  County,  for  the  support  of  the  poor  of  the  county. 

§  23.  Every  bond  taken  pursuant  to  the  provisions  of 
this  act,  shall,  within  ten  days  after  the  execution  of  the 
same,  be  filed  in  the  office  of  the  clerk  of  the  town  or  vil- 
lage in  which  the  license  shall  be  granted,  and  in  tho 
cities,  in  the  City  Clerk's  office. 

§  24.  Whenever  a  breach  of  the  condition  of  such  bond, 
given  upon  the  grantin.2:  of  any  license,  shall  happen,  it 
shall  be  the  duty  of  the  Commissioners  of  Excise,  tho 
Supervisor  of  the  town,  Mayor  of  the  city,  or  Trustees  of 
the  village  in  which  the  person  who  shall  incur  the  penalty 
shall  reside,  to  prosecute  the  same,  and  recover  the  penalty 
therefor. 

§  25.  Whenever  any  conviction  or  judgment  shall  be  ob- 
tained against  any  person  licensed  to  sell  strong  or  spirit- 
uous liquors  or  wines,  for  any  violation  of  the  provisions  of 


Doc.  No.  9.) 


122- 


this  act,  either  ia  a  suit  for  a  penalty  or  in  a  suit  upon  a 
bond  given  by  such  person,  it  shall  be  the  duty  of  the  jus- 
tice or  court  before  whom  the  same  shall  be  had,  to  trans- 
mit to  the  next  Court  of  Sessions  of  the  county,  a  state- 
ment of  such  conviction  or  judgment,  and  of  the  offence 
for  which  it  was  obtained. 

§  2(3.  The  said  court  shall  cause  the  person  or  persons 
against  whom  such  conviction  or  judgment  was  obtained, 
to  be  notified  to  appear  on  such  day  as  the  court  shall  ap- 
point to  show  cause  why  any  such  license  that  may  have 
been  granted  to  him  or  them  should  not  be  revoked.  At 
the  day  appointed,  and  on  such  other  days  as  the  court 
shall  appoint,  it  shall  proceed  to  inquire  into  the  circum- 
stances, and  shall  revoke  the  license  granted  to  the  per- 
son or  persons  violating  the  provisions  of  this  act, 

§  27.  The  person  whose  license  shall  be  revoked  shall  b  e 
incapable  of  receiving  any  such  license  to  sell  strong  or 
spirituous  liquors  or  wines  for  the  space  of  three  years 
from  the'time  of  such  revocation. 

§  28.  Any  person  who  shall  sell  any  strong  or  spirituous 
liquors  or  wines  to  any  of  the  individuals  to  whom  it  is  de- 
clared by  this  act  to  be  unlawful  to  make  such  sale,  shall  be 
liable  for  all  damages  which  may  be  sustained  in  conse- 
quence of  such  sale,  and  the  parties  so  offending  may  be 
sued  in  any  of  the  courts  of  this  state  by  any  individual 
sustaining  such  injuries,  or  ^)y  the  Overseers  of  the  Poor 
of  the  town  where  the  injured  party  may  reside,  and  the 
sum  recovered  shall  be  for  the  benefit  of  the  party  injured. 

§  29.  It  shall  be  the  duty  of  courts  to  instruct  Grand 
Jurors  to  inquire  into  all  offences  against  the  provisions  of 


123 


(Doc.  No.  9. 


this  act,  and  to  present  all  oflfenders  under  this  act,  and 
also  all  persons  who  may  be  charged  with  adulterating  im- 
ported or  other  intoxicating  liquors  with  })oisonous  or 
deleterious  drugs  or  mixtures,  or  selling  the  same,  or  with 
knowingly  importing  or  selling  intoxicating  liquors  or 
wines  adulterated  with  poi^^onous  or  deleterious  drugs  or 
mixtures;  which  offences  are  hereby  declared  to  be  misde- 
meanors, to  be  punished  by  imprisonment  in  the  peniten- 
tiary, work-house  or  jail,  for  a  period  of  three  months, 
and  by  a  i^ne  of  one  hundred  dollars. 

§  30.  In  case  the  parties  or  persons  whose  duty  it  is,  by 
the  provisions  of  this  act,  to  prosecute,  shall  neglect  to 
prosecute  for  any  penalty  provided  by  this  act,  for  the 
period  of  ten  days  after  complaint  to  them  that  any  pro- 
vision of  this  act  has  been  violated,  accompanied  with 
reasonable  proof  of  the  same,  any  other  person  may  prose- 
cute therefor  in  the  name  of  the  Board  of  Commissioners 
of  Excise. 

§  31.  All  incorporated  companies  and  persons  in  this 
state,  engaged  in  conveying  passengers,  including  espe- 
cially, all  railroads,  steamboat  and  ferry  companies,  and 
all  kinds  of  corporations  conveying  for  hire,  persons  or 
property,  shall  be  and  hereby  are  rcipiircd  to  refuse  em- 
ployment to  all  persons  who,  on  good  and  sufficient  proof, 
shall  be  shown  to  indulge  in  the  intemperate  use  of  intoxi- 
cating drinks,  and  any  such  company  which  shall  retain  in 
its  employ  any  person  or  persons  who  shall,  on  competent 
proof,  be  shown  to  be  intoxicated  at  any  period  whilst  in 
the  active  service  of  said  company  or  person,  eitlier  as 
engineer,  conductor,  fireman,  switch-tender,  comman  der, 
pilot,  mate  or  foreman,  or  be  in  any  way  connected  with 


Doc.  No.  9.) 


124 


the  moviDg  power  or  management,  or  whose  duty,  if  ne- 
glected, would  diminish  the  safet}^  and  security  of  life, 
limb  or  property,  intrusted  thereto,  said  company  or  cor- 
poration shall  be  liable  to  pay  a  sum  of  not  less  than  fifty 
dollars,  nor  more  than  one  hundred  dollars  to  the  County 
Treasurer,  in  the  county  where  the  offence  may  be  com- 
mitted and  proved,  before  any  court  of  competent  jurisdic- 
tion. 

§  32.  In  any  judgment  rendered  or  recovered  on  any 
bond  to  be  given  under  this  act,  or  for  any  penalty  incur- 
red under  this  act,  the  person  or  persons  against  whom 
such  judgment  shall  be  rendered  shall  not  be  entitled, 
under  any  execution  issued  on  such  judgment,  to  the  liber- 
ties of  the  jail. 

§  83.  Title  nine  of  chapter  twenty,  of  the  first  part  of 
the  Revised  Statutes,  and  the  act  entitled,  "  An  act  for  the 
prevention  of  intemperance,  pauperism  and  crime,"  passed 
April  9,  1855,  and  all  other  acts  inconsistent  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 

§  34.  This  act  shall  take  effect  immediately. 

State  op  New  York,  ) 

Secretary's  Office.    )     I  have  compared  the  preceding 

with  the  original  law  on  iile  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  twenty-seventh 
[l.sJ  day  of  April,  in  the  year  one  thousand 

eight  hundred  and  fifty-seven. 

N.  P.  STANTON, 

Bep,  Secretary  of  State* 


AX  ACT 


TO  PROVIDE  rOIt  THE  APPOINTMENT  OP  A  COMMISSION  TO 
SECURE  THE  MORE  PERFECT  ESTABLISHMENT,  GOVERNMENT, 
REGULATIO*[  AND  ECONOMY  OP  COMMON  SCH00L3  IN  THE 
CITY  OP  NEW  YORK. 

Passed  April  IT>  1857,  three  fifths  being  present. 

The  People  of  the  State  of  JS\.w  Yor/i\  represented  in  Senate 
and  Jlssembly,  do  enact  as  follows: 

Sec.  1.  The  Governor  of  the  State  of  New  York  ghali 
appoint  five  residents  of  the  city  of  New  York  as  Commis- 
sioners,  to  examine  the  school  system  of  that  city.  It 
shall  be  the  duty  of  such  commission  to  visit  such  of  the 
institutions  for  public  education  in  that  city  as  they  may 
deem  necessary,  to  confer  with  the  Board  of  Education, 
the  Board  of  Trustees  in  the  several  wards,  and  the  other 
oflficers  connected  with  the  school  system,  or  such  of  them 
as  may  request  such  conference,  and  also  with  other  parties, 
desiring  to  make  suggestions  in  relation  to  the  matter; 
and  to  thoroughly  examine  the  organization  and  operation 
of  the  system  of  public  education  in  that  city.  And  the 
said  commission  shall  make  a  written  report  to  the  Gover- 
nor previous  to  the  first  day  of  January  next,  upon  the 
matters  aforesaid,  and  annex  to  such  a  report  a  draft  of  a 
bill  making  such  changes  and  improvements  in  the  laws 
relative  to  public  education  in  that  city,  as  they  may  deem 
advisable. 

§  2.  Neither  of  the  said  Commissioners  shall  roceivo 
any  compensation  for  his  services,  but  the  necessary  and 


Doc.  No.  9.) 


126 


reasonaUe  expenses  of  iho  said  commission  shall  be  paid 
by  the  Hoard  of  Education,  out  of  the  school  moneys  of 
said  eily.  *^ 

§  3.  This  act  shall  take  effect  immediately. 
State  op  New  York,  ) 

Sicretary\s  Office  ]  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  twenty- 
[l.  s.]       seventh  day  of  April,  in  the  year  one 
thousand  eight  hundred  and  fifty- 
seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State. 


AN  ACT 

RELATIVE  TO  STAGE  ROUTES  IN  THE  CITY  OF  NEW  YORK. 

Passed  April  13tb,  1857. 

The  People  of  the  State  of  JYew  York,  represented  in  Senate 
and  Assembly,  do  e7iact  as  follows: 

Sec.  1.  No  stage  or  omnibus  route,  or  authority  to  run 
stages  or  omnibuses  in  said  city,  shall  hereafter  be  granted 
by  the  Common  Council  of  said  city,  unless  a  majority  of 
the  owners  of  property  upon  the  street  or  streets,  avenue 
or  avenues,  in  or  upon  which  any  such  route  or  privilege 
is  to  be  operated,  shall,  before  the  Common  Council  act 
on  the  subject,  first  consent  in  writing  thereto. 

§  2.  Nothing  herein  contained  shall  be  construed  to  im- 
pair the  existing  provisions  of  law  relative  to  the  fran- 
chises of  said  city,  but  any  stage  route  or  privilege  liere- 
after  granted  by  said  Common  Council  shall  be  disposed 
of  at  public  auction,  in  the  manner  now  provided  by  law 
for  the  disposal  of  the  franchises  of  said  city  to  the  biilder 
who  will  give  the  largest  sum  per  annum,  with  adequate 
security,  to  the  Corporation  of  said  city  for  the  right  or 
privilege. 

§  3.  This  act  shall  take  efi'ect  immediately. 

State  of  New  York,  ) 

Secretary's  Office.    )      I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 


Doc.  No.  9.) 


128 


certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at 
the  city  of  Albany,  this  twenty-seventh 
[l.  8.]       day  of  April,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-seven. 


N.  P.  STANTON, 

Dep.  Secretary  of  State. 


AN  ACT 


TO  LEGALIZE  THE  ACTION  OP  THE  BOARD  OF  SUPERVISORS 
IN  THE  CITY  AND  COUNTY  OF  NEW  YORK,  IN  RELATION  TO 
THE  PAINTING  AND  GRAINING  OP  THE  ROOMS  OP  THE  BU- 
PERIOU  COURT. 

Passed  April  17th,  1857,  three  fifths  being  present. 

The  People  vj  the  State  of  J\few  York,  represented  in  Senate 
and  Jlssemhly,  do  enact  as  follows: 

Sec.  1.  The  County  Treasurer  of  the  county  of  New 
York  is  hereby  authorized  to  pay  to  Charles  McGill,  the 
sum  of  three  hundred  dollars,  being  the  amount  of  one  bill 
for  painting  and  graining  the  rooms  of  the  Superior  Court 
in  said  county,  as  audited  and  allowed,  pursuant  to  reso- 
lution of  the  Board  of  Supervisors  of  said  county,  passed 
November  tenth,  eighteen  hundred  and  fifty-six,  with 
interest  on  the  said  bill  from  the  time  it  was  audited  and 
allowed;  said  resolution  is  hereby  declared  to  be  lawful 
and  of  binding  force,  notwithstanding  the  said  painting 
and  graining  was  not  advertised  and  contracted  for  in 
accordance  with  the  provisions  of  the  charter  of  said  city. 

State  op  New  York,  ) 

Secretary's  Office.  \  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  office,  and  do  hereby 


Doc.  No.  9.)  130 

certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  twenty- 
[l.  S.}      seventh  day  of  April,  in  the  year  one 
thousand  eight  hundred  and  fifty- 
seven. 

N.  P.  STANTON, 

Dep.  Secretary  oj  State, 


/ 


AN  ACT 

TO  LEGALIZE  CERTAIN  ACTIONS  OF  THE  BOARD  OF  SUPER- 
VISORS IN  THE  CITY  AND  COUNTY  OF  NEW  YORK. 

Passed  April  13,  1857,  three  fifths  being  present. 

The  People  of  the  State  of  JVew  York,  represented  in  Senate 
and  ^^ssemhly,  do  enact  as  follows: 

Sec.  1.  The  resolution  passed  December  twenty-sixth, 
eighteen  hundred  and  fifty-six,  by  the  Board  of  Super- 
visors of  the  city  and  county  of  New  York,  in  the  follow- 
ing words,  viz:  Resolved,  That  there  be  appointed  a  clerk 
"by  the  Receiver  of  Taxes,  to  assist  the  De[)uty  Receiver  of 
Taxes  in  the  discharge  of  his  especial  duties,  at  a  salary 
of  one  thousand  two  hundred  dollars  per  annum,  and  that 
this  resolution  take  effect  on  and  from  the  twenty-sixth 
day  of  December,  eighteen  hundred  and  fifty-six,  is  hereby 
declared  to  be  lawfal  and  of  binding  force. 

§  2.  This  act  shall  take  effect  immediately. 

State  of  Nkvv  York,  ) 

Secretary's  Office.  )  I  have  compared  the  ])receding 
with  the  original  law  on  file  in  this  olfice,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  tlie  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the 
city  of  Albany,  this  twenty-seventh  diiy  of 
[L.S.]        April,  in  the  year  one  thousand  eight  hundred 
and  fifty-seven. 

N.  P.  STANTON, 

Bep.  Secretary  of  State. 


AN  ACT 


AUTHORIZING  THE  MAYOR,  ALDERMEN  AND  COMMONALTY  OP 
THE  CiTY  OP  NEW  YORK,  TO  WIDEN  BROADWAY  OR  BLOOM- 
INGDALE  ROAD,  BETWEEN  FIFTY-SEVENTH  AND  FIFTY-NINTH 
STREETS,  IN  THE  CITY  OP  NEW  YORK. 

Passed  April  13,  1857,  three  fifths  being  present. 

The  People  of  ihe  Slate  of  Jfew  York,  represented  in  Senate 
and  Jlssembly,  do  enact  as  follows: 

Sec.  1.  The  street  known  as  Broadway  or  Bloomingclalc 
road,  in  the  city  of  New  York,  may  be  widened  by  the 
Mayor,  Aldermen  and  Commonalty  of  the  city  of  New 
York,  between  Fifty-seventh  and  Fifty-ninth  streets,  to 
such  width  as  they  may  deem  proper,  any  thing  contained 
in  the  act  entitled  "  An  act  relative  to  improvements  touch- 
ing the  laying  out  of  streets  and  roads  in  the  city  of  New 
York,  and  for  other  purposes,  passed  April  third,  eighteen 
hundred  and  seven,^^  to  the  contrary  notwithstanding. 
And  whenever  the  said  Mayor,  Aldermen  and  Commonalty 
of  the  city  of  New  York,  shall  deem  it  desirable,  in  order 
to  improve  the  access  to  Central  Park,  or  otherwise,  for 
the  public  convenience,  so  to  widen  the  said  street,  they 
may  order  and  direct  the  same  to  be  done  in  like  manner, 
and  the  like  proceedings  shall  be  thereupon  had  in  rela- 
tion  to  the  said  widening,  as  if  the  said  widening  was  in 
a  part  of  the  said  city  not  l.n'd  out  into  streets,  avenues, 
squares  and  public  places  by  the  Commissioners  of  Streets 
and  Roads  in  the  city  of  New  York,  under,  and  by  virtue 
of  the  said  last-mentioned  act;  and  all  the  provisions  re- 
lative to  the  widening  of  streets  in  that  part  of  the  eaid 


183 


(Doc.  No.  9. 


city,  not  laid  out  as  aforesaid,  which  aro  contained  in  the 
act  entitled  "An  act  to  reduce  several  laws,  relating  par- 
ticularly to  the  city  of  New  York,  into  one  act,  passed 
April  ninth,  eighteen  hundred  and  thirteen,"  and  the 
several  acts  altering  and  amending  the  same,  shall  be  con- 
strued to  apply  to  the  said  widening. 

§  2.  The  commissioners  who  may  be  appointed  to  assess 
the  damage  and  benefit  in  consequence  of  such  widening, 
shall  be  authorized  to  assess  such  part  of  the  expense  or 
damage  as  they  may  deem  reasonable,  upon  the  Mayor, 
Aldermen  and  Commonalty  of  the  city  of  New  York,  by 
reason  of  such  widening  being  required  to  facilitate  the 
access  to  Central  Park. 

State  of  New  York,  ) 
Secretary's  Office.    )     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  the  same  to  be  a  correct  transcript  therefrom,  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the  city 
of  Albany,  this  twenty-seventh  day  of  April,  in 
[l.  s.]     the  year  one  thousand  eight  hundred  and  fifty- 
seven. 

N.  P.  STANTON, 
Dep.  Secretary  of  State, 


AN  ACT 


TO  PROVIDE  PAYMENT  FOR  CERTAIN  ARTICLES  FURNISHED 
AND  SERVICES  PERFORMED  FOR  THE  CITY  OF  NEW  YORK, 
AND  TO  LEGALIZE  THE  ACTION  OP  THE  BOARD  OF  SUPER- 
VISORS IN  THE  CITY  AND  COUNTY  OP  NEW  YORK,  RELATIVE 
THERETO. 

Tke  People  of  the  State  of  JVew  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec.  1.  The  County  Treasurer  of  the  county  of  New 
York  is  hereby  authorized  to  pay  to  Thomas  MeSpedon 
and  Charles  W.  Baker,  the  sum  of  seven  thousand  and 
thirty  eight  dollars  and  sixty-two  cents,  being  the  amount 
of  four  several  bills  for  blank  books,  stationery  and  bind- 
ing for  the  office  of  Register  of  said  county,  as  audited 
and  allowed,  pursuant  to  resolutions  of  the  Board  of 
Supervisors  of  said  county,  passed  on  the  sixteenth  day  of 
May,  eighteen  hundred  and  fifty-six;  on  the  fifteenth  day 
of  July,  eighteen  hundred  and  fifty-six,  and  on  the  fifteenth 
day  of  December,  eighteen  hundred  and  fifty-six,  with 
interest  on  the  said  several  bills  from  the  times  when  the 
said  bills  were  so  audited  and  allowed;  said  resolutions 
are  hereby  declared  to  be  lawful  and  of  binding  force,  not- 
withstanding the  said  blank  books,  stationery  and  bind- 
ing were  not  advertised  and  contracted  for,  in  accordance 
with  the  provisions  of  the  charter  of  said  city. 

State  of  Nlw  York,  ) 

Secretary's  Office,     j      I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 


135 


(Doc.  No.  9 


certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  fourteenth 
fL.  s.]  day  of  April,  in  the  year  one  thou- 

sand eight  hundred  and  fifty-seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State, 


AN  ACT 


IN  RELATION  TO   THE  OPENING   OF  THE  SECOND  AVENUE  IN 
THE  CITY  OP  NEW  YORK. 

Passed  April  10,  1857,  three  fifths  being  present. 

The  People  of  the  State  of  Mew  York^  represented  in  Senate 
and  Assemdy^  do  enact  as  follows: 

Sec.  1.  It  shall  be  the  duty  of  the  Counsei  to  the 
Corporation  of  the  city  of  New  York,  to  take  the  neces- 
sary legal  measures  to  open  such  parts  of  the  Second 
avenue  in  said  city,  as  have  not  already  been  opened. 

§  2.  All  laws  now  in  force  relative  to  proceedings  for 
opening  streets  and  avenues  in  said  city,  shall  apply  to 
the  proceedings  authorized  by  this  act,  except  section  one 
of  chapter  two  hundred  and  nine  of  the  laws  of  eighteen 
hundred  and  thirty  nine.  Provided,  that  in  assessing  the 
cost  of  such  opening,  the  Second  Avenue  Railroad  Com- 
pany shall  be  assessed  for  its  proportion  of  benefits  to  be 
derived  therefrom  by  the  privilege  of  extending  its  track 
through  said  avenue  upon  such  real  estate  as  they  own 
along  the  line  of  said  avenue. 

§  3.  The  application  for  the  appointment  of  commis- 
sioners of  estimate  and  assessment  in  said  proceedings, 
and  the  motion  for  the  confirmation  of  the  report  of  said 
commissioners,  may  be  made  at  any  special  term  of  the 
Supreme  Court,  appointed  to  be  held  in  and  for  the  city 
and  county  of  Now  York. 


137  (Doc.  No.  9. 

State  op  New  York,  ( 

Secretary's  Office-  S  I  ^'^^^o  compared  the  preceding 
wiih  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom, 
and  of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at 
the  city  of  Albany,  this  twenty -seventh 
[l.  6.]       day  of  April,  in  the  year  one  thousand 
eight  hundred  and  fifty-seven. 


(Signed) 


N.  P.  STANTON, 

Dep.  Secretary  of  State. 


4- 


AN  ACT 

IN  RELATION  TO  THE  COLES  OR  HARLEM  BHIDGE,  AT  THE 
TKRMINUS  OF  THE  THIRD  AVENUE,  IN  THE  COUNTY  OP 
NEW  YORK. 

Passed  April  17.  1857;  three  fifths  being  present. 
The  People  of  the  State  of  Jfew  York,  re-presented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec.  1.  On  the  first  day  of  April,  eighteen  hundred  and 
fifty-eight,  the  present  toll  bridge,  built  by  John  B.  Coles, 
and  his  assigns,  over  the  Harlem  river,  at  the  terminus  of 
the  Third  avenue,  in  the  county  of  New  York,  connecting 
it  with  the  county  of  Westchester,  then  to  become  the 
property  of  the  people  of  the  state  of  New  York,  shall 
forever  thereafter  be  a  free  bridge  and  public  highway, 
and  shall  be  kept  in  good  and  sufficient  repair,  and  be 
maintained  and  sustained  as  a  free  bridge  and  public  high- 
way by  the  counties  of  New  York  and  Westchester,  as 
hereinafter  provided. 

§  2.  On  the  said  first  day  of  April,  eighteen  hundred 
and  fifty-eight,  or  immediately  thereafter,  it  shall  be  the 
duty  of  the  Mayor  of  the  city  of  New  York,  and  the  county 
judge  of  the  county  of  Westchester,  (until  the  then  next 
annual  meeting  of  the  Board  of  Supervisors  of  Westches- 
ter county,  when  it  shall  be  their  duty  to  appoint)  and 
they  are  hereby  required  to  appoint,  each  for  the  term  of 
one  year  from  the  time  of  the  making  thereof,  respective- 
ly, and  annually  thereafter,  in  like  manner,  to  appoint  a 
suitable  person  to  attend  to  the  management  and  have  the 
care  and  custody  of  the  said  bridge,  and  to  attend  to  its 
repairing,  and  open  the  draw  thereof,  so  as  to  prevent  any 


189 


(Doc.  x\6.  9 


unnecessary  delay  or  impediment  in  the  navigation  of  said 
river;  and  the  persons  so  to  be  appointed  shall  each  ro- 
ceive  an  annual  compensation,  by  way  of  salary,  not  to  ex- 
ceed seven  hundred  dollars,  to  be  paid  in  monihly  pay- 
ments out  of  the  treasury  of  the  said  city,  upon  the  usual 
warrant  of  the  said  Mayor  and  the  Comptroller,  and  out 
of  the  treasury  of  the  county  of  Westchester,  in  like  pay- 
ments by  the  county  ti-easurer  thereof;  and  the  said  sala- 
ries shall  be  levied  and  collected  in  the  same  manner  as 
other  taxes  for  county  charges  are  levied  and  collected  in 
the  said  counties,  respectively. 

§  3.  It  shall  be  the  duty  of  the  authorities  of  the  coun- 
ties of  New  York  and  Westchester,  and  they  are  hereby 
required  forever  after  the  first  day  of  April,  eighteen 
hundred  and  fifty-eight,  to  keep,  maintain  and  sustain  the 
8aid  bridge  in  a  good  and  sufficient  state  of  repair,  and  to 
bear  and  pay  their  respective  shares  of  the  cost  and  ex- 
pense thereof,  in  proportion  to  their  several  jurisdictions 
over  the  same  as  defined  and  fixed  by  the  boundary  lines 
of  said  counties,  respectively;  and  the  cost  and  expense 
thereof,  as  well  as  the  cost  and  exper.se  of  the  rebuilding 
of  the  said  bridge,  when  such  rebuilding  may  be  deemed 
requisite  and  necessary,  as  hcfcinaftcr  provided,  shall  be 
levied  and  collected  as  county  charges,  and  shall  be  borne 
and  paid  by  the  said  counties  respectively  in  the  aforesaid 
proportion  in  the  apportionment  of  the  said  cost  and  ex- 
pense. 

§  4.  Whenever  the  Mayor  and  the  Street  Commissioner 
of  the  said  city,  and  the  County  Judge  of  the  county  of 
W^cstchester,  and  the  Chairman  of  the  Board  of  Super- 
visors therein,  or  a  majority  of  them,  (and  they  and  their 
successors  iu  office,  are  hereby  constituted  a  Board  of 


Doc  No.  9.) 


140 


Commissioners  for  the  purpose,  to  be  known  as  the  Com- 
missioners of  the  Harlem  Bridge,)  shall,  upon  personal  in- 
spection and  examination,  deem  it  necessary,  and  shall  cer- 
tify in  a  certificate  to  be  by  them  signed  and  filed  in  the 
office  of  the  county  clerk  of  said  counties,  that  the  re- 
building of  the  said  bridge  is  requisite  and  necessary,  and 
the  said  bridge  should  be  rebuilt  and  reconstructedy  the 
same  shall  immediately  after  such  determination  and  the 
finding  of  the  said  certificate  be  rebuilt  and  reconstructed 
by  and  under  the  direction  of  the  aforesaid  officers,  and 
they  are  hereby  authorized,  empowered,  and  required  to 
make  all  necessary  engagements  and  contracts  for  such 
rebuilding  and  reconstruction,  and  to  have  said  bridge 
fully  rebuilt  and  reconstructed  without  any  unnecessary 
delay,  and  the  cost  and  expense  thereof  shall  be  levied  and 
collected  as  other  county  charges  are  levied  and  collected, 
and  shall  be  borne  and  paid  by  the  said  counties  in  the 
aforesaid  proportions  chargeable  to  each  of  them  as  here- 
in before  provided. 

§  5.  All  acts  and  parts  of  acts  inconsistent  wich  this 
act,  are  liereby  repealed. 

§  6.  This  act  shall  take  effect  immediately. 

State  of  New  YomK,  ) 

Secretary's  Office.    J      I  have  compared  the  preceding 

V7ith  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  lav.^. 

Given  under  my  hand  and  seal  of  office,  at 
the  city  of  Albany,  this  twenty-seventh 
(L.  s.]        day  of  April,  in  the  year  one  thousand 
eight  hundred  and  fifty-seven. 
N,  P.  STANTON, 

Dep.  Secretary  of  State. 


AN  ACT 


TO  CONFIRM  AND  LEGALIZK  THE  RESOLUTION  OF  Till-:  COMMON 
COUNCIL  OF  THE  CITY  OF  NEW  YORK,  Pl^OVIDING  FOR  TUB 
WIDENING  OF  BATTEUY  PLACE,  AND  TO  AUTHORIZE. 

Passed  April  IS,  1857 — throe  fifths  being  present. 

The  Piople  of  t'le  State  of  JVcw  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec.  1.  The  resolution  adopted  by  the  Common  Coun- 
cil of  the  city  of  New  York,  on  or  about  the  thirty-first 
day  of  December,  eighteen  hundred  and  fifty-three,  pro- 
viding for  the  opening  of  Battery  place,  in  accordance 
with  the  plan  referred  to  in  said  resolution,  and  on  file  in 
the  office  of  the  Clerk  of  the  Common  Council,  is  hereby 
confirmed  and  made  valid  and  effectual  to  all  intents  and 
purposes;  and  the  Street  Commissioner  is  hereby  direct- 
ed to  proceed  with  said  opening,  in  conformity  with  said 
resolution  :  provided,  however,  that  Battery  place  bo 
made  not  more  than  seventy  feet  wide  at  the  corner  of 
Broadway,  nor  more  than  two  hundred  feet  wide  at  tho 
corner  of  West  street  and  Battery  place;  and  it  is  also 
provided  that  a  ferry  slip  may  be  constructed  at  the  foot 
of  Battery  place,  when  widened  as  aforesaid,  not  moro 
than  two  hundred  and  fifty  feet  long,  and  being  fifty  feet 
wide  at  Battery  place:  the  north  side  of  said  slip' to  bo 
placed  not  nearer  to  pier  number  one,  North  river,  than 
one  hundred  and  nineteen  feet  at  Battery  place,  nor 
Dcarcr  than  one  hundred  and  .«^eventy  feet  from  said  pior 
at  the  outer  end  of  said  slip;  and  that  no  pier  or  wharf 
ehall  be  hereafter  constructed  between  tho  north  side  of 


Doc.  No.  9.) 


142 


said  ferry  slip  and  pier  uumber  one,  North  river^  nor  thG 
privileges,  as  at  present  enjoyed  by  the  occupants  of  pier 
number  one,  in  any  way  interfered  with,  other  than  by 
constructing  a  bulkhead,  which  is  hereby  authorized,  be- 
tween said  pier  number  one  and  the  pier  hereby  author- 
ized; and  provided  further,  that  the  ferry  slip  and  bulk- 
head, herein  authorized,  shall  not  be  constructed  without 
the  consent  of  the  Common  Council,  hereafter  to  be 
granted  by  an  ordinance  duly  passed ;  and  provided 
further,  that  the  construction  of  said  slips  and  bulkhead, 
and  each  of  them,  and  the  ferry,  ferry  privilege,  and 
every  right,  benefit  or  franchise  arising  from  such  slip, 
bulkhead,  ferry  or  ferry  privilege,  shall  be  constructed 
and  granted  by  the  Corporation  of  the  city  of  New  York, 
in  the  manner  now  provided  by  law:  provided,  however, 
that  the  ferry  slip,  hereby  authorized,  shall  not  be 
extended  beyond,  nor  interfere  with,  the  exterior  line  of 
the  harbor  of  the  city  of  New  York,  as  established  by  law. 

State  of  New  York,  ) 

Secretary's  Office.  )  [  have  compared  the  preceding 
with  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom, 
and  of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at 
the  city  of  Albany,  this  twenty-seventh 
[l.  s.]  day  of  ApriJ,  in  the  year  one  thousand 

eight  hundred  and  fifty-seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State, 


AN  ACT 


TO  ESTABLISH   BULKHEAD  AND  PIER  LINES  FOR  THE  PORT 
OF  NE\y  YORK. 

Passed  April  17,  1857. 

The  People  of  the  State  cf  JVew  York,  represented  in  Senate 
and  Assembly  do  tnact  as  follows: 

Sec.  1.  The  bulkhead  line,  or  line  of  solid  filling,  and 
the  pier  line,  adjacent  to  the  shores  of  the  port  of  New 
York,  are  hereby  declared  and  established  to  be  the  bulk- 
head and  pier  lines  recommended  to  the  legislature  by 
the  commissioners  appointed  under  the  act  entitled  "  Aa 
act  for  the  appointment  of  a  commission  for  the  preserva- 
tion of  the  harbor  of  New  York  from  encroachments, 
and  to  preserve  the  necessary  navigation  thereof/'  passed 
March  tliirty,  eighteen  hundred  and  fifty-five,  in  their 
reports  of  January  twenty-seven,  eighteen  hundred  and 
fifty-seven,  and  March  eighteen,  eighteen  hundred  and 
fifty-seven,  and  as  laid  down  on  the  mops  accompanying 
said  report-:,  entitled  "  Atlas  of  New  York  harbor,  made 
under  the  direction  of  the  haibor  commission,"  in  two 
volumes,  except  that  the  exteiior  or  pier  head  lino  from 
Ninth  street,  extended  to  Forty-ninth  street,  on  the  New 
York  side  of  Kast  river,  shall  bo  the  same  as  tlie  line  rec- 
ommended by  the  coinmittee  of  commerce  and  navigation 
of  the  senate,  in  their  report  of  March  seventeenth,  eigh- 
teen hundred  and  fifty  six,  and  on  the  maps,  hereinafter 
referred  to,  in  red  ink;  and  a  sea  wall  shall  be  erected  on 
that  lino,  from  the  northeast  corner  of  the  bulkhead  at 
the  foot  of  Seventeenth  street,  to  Thirty-eightb  street^ 


Doc.  No.  9.) 


144 


with  openings  of  not  less  than  one  hundred  feet,  and  at 
distances  of  not  less  than  four  hundred  and  fifty  feet 
apart  from  centre  to  centre;  and  the  whole  water  spaco 
between  the  bulkhead  line  hereby  established,  and  the 
Bca  wall  between  Seventeenth  and  Thirty-eighth  streets, 
Bhall  be  appropriated  for  piers,  on  piles  or  blocks  and 
bridges,  and  wet  basins,  and  a  continuous  bulkhead  from 
Thirty- eighth  to  Forty-ninth  street,  which  bulkhead  shall 
be  the  exterior  line,  and  line  of  solid  filling;  but  no  pier 
or  other  erection  or  structure,  shall  be  made  outside  of 
the  said  sea  wall  or  bulkhead  from  Seventeenth  to  Forty- 
ninth  street,  that  is  to  say: 

1.  Maps  of  the  shores  of  the  city  and  county  of 
New  York. 

2.  From  a  point  one  mile  north  of  Spuyten  Duyvil 
creek,  on  the  east  shore  of  the  Hudson  river^  thence 
southerly  to  the  entrance  and  along  the  north  shores 
of  Spuyten  Duyvil  creek  and  Harlem  river,  and 
easterly  along  the  north  shore  of  the  East  river,  ta 
Throg's  Neck,  in  the  county  of  Westchester. 

3.  From  the  entrance  to  Little  Neck  bay,  in  the 
county  of  Queens,  westerly  along  the  south  shore  of 
the  East  river,  including  Flushing  and  Gowauns 
bays,  and  Newtown  Creek,  to  the  westerly  end  of 
Coney  Island,  in  the  county  of  Kings. 

4.  The  easterly  line  of  the  county  of  Richmond,  to 
the  entrance  of  the  Kill  van  Kull,  and  thence  along 
the  southerly  shore  of  the  Kill  van  Kull,  and  the. 
southerly  and  easterly  shores  of  Arthur's  Kill,  or 
Staten  Island  Sound,  to  a  point  opposite  to  the  eiv 


146 


(Doc.  No.  9. 


trance  of  Woodbridge  creek,  in  the  state  of  New 
Jersey. 

5.  From  the  middle  of  the  Kill  van  Kull,  at  its 
entrance  from  the  bay  of  New  York;  thence  north- 
erly along  the  westerly  shore  of  the  said  bay,  and 
along  the  westerly  shore  of  the  Hudson  river,  in  the 
state  of  New  Jersey,  to  a  point  opposite  to  the  en- 
trance of  Spuyten  Duyvil  creek. 

6.  The  several  islands  in  the  harbor  of  the  York. 

§  2.  It  shall  not  be  lawful  to  fill  in  with  earth,  stone, 
or  other  solid  material,  in  the  waters  of  said  port,  beyond 
the  bulkhead  line  or  line  of  solid  filling  hereby  established, 
nor  shall  it  be  lawful  to  erect  any  structure  exterior  to 
the  said  bulkhead  line,  except  the  sea  wall  mentioned  in 
the  first  section  of  this  act,  and  piers  which  shall  not  ex- 
ceed seventy  feet  in  width  respectively,  with  intervening 
water  spaces  of  at  least  one  hundred  feet,  nor  shall  it 
be  lawful  to  extend  such  pier  or  piers  beyond  the  exterior 
or  pier  line,  nor  beyond  or  outside  of  the  said  sea  wall. 

§  3.  It  shall  be  the  duty  of  the  said  commissioners, 
within  thirty  days  from  the  passage  of  this  act,  to  verify 
by  their  signatures,  and  to  file  in  the  office  of  the  secre- 
tary of  state,  there  to  remain  of  record,  the  aforesaid 
maps,  together  with  a  minute  written  description,  by 
courses  and  distances,  as  far  as  practicable,  of  the  afore- 
said lines  in  front  of  the  cities  of  New  York  and  Brook- 
lyn, verified  in  like  manner,  and  file  a  copy  of  the  de- 
scription of  the  said  courses  and  distances  in  the  office  of 
the  Street  Commissioner  of  the  city  of  New  York,  and 
10 


Doc.  No.  9.)  146 

the  term  of  the  said  commissioners  is  hereby  extended  to 
the  fifteenth^day  of  May  next. 

§  4.  This  act  shall  take  effect  immediately. 

State  of  New  York,  ] 

Secretary's  Office,  j  I  have  compared  the  preced- 
ing with  the  original  law  on  file  in  this  office,  and  do 
hereby  certify  that  the  same  is  a  correct  transcript  there- 
from, and  of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the 
[L.s.J        city  of  Albany,  this  27th  day  of  April,  in 
the  year  one  thousand  eight  hundred  and 
fifty-seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State. 


AN  ACT 


TO  ENABLE  THE  SUPERVISORS  OF  THE  CITY  AND  COUNTY  OF 
NEW  YORK  TO  RAISE  MONEY  BY  TAX. 

Passed  April  16,  1857,  three  fifths  being  present. 

The  People  of  the  State  of  JVeio  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec.  1.  The  Board  of  Supervisors  of  the  city  and  county 
of  New  York  are  hereby  empowered,  as  soon  as  conve- 
niently may  be,  after  the  passage  of  this  act,  to  order  and 
cause  to  be  raised  by  tax,  on  the  estate,  real  and  personal, 
subject  to  taxation,  according  to  law,  a  sum  not  exceeding 
fifty  thousand  dollars,  for  the  purpose  of  paying  arrear- 
ages in  the  Department  of  Repairs  and  Supplies,  for  the 
year  one  thousand  eight  hundred  and  fifty-six. 

§  2.  This  act  shall  take  effect  immediately. 

State  of  New  York,  } 

Secretary's  Office.     )    I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the 
[l.s.]        city  of  Albany,  this  27th  day  of  April,  in  the 
year  one  thousand  eight  hundred  and  fifty- 
seven. 

N.  P.  STANTON, 

Dep,  Secretary  of  State. 


AN  ACT 


TO  LEGALIZE  THE  ACTION  OF  THE  BOARD  OF  SUPERYISORS  OF 
THE  CITY  AND  COUNTY  OF  NEW  YORK,  PROVIDING  PAYMENT 
FOR  CERTAIN  SURVEYING  AND  MAPPING  PERFORMED  FOR 
SAID  CITY  AND  COUNTY. 

Passed  April  15th,  1857,  three  fifths  being  present. 
The  People  of  the  State  of  JVevj  York,  represented  in  Senate 


Sec.  1.  The  resolutions  passed  January  twenty-second, 
eighteen  hundred  and  fifty-seven,  by  the  Board  of  Super- 
visors of  the  city  and  county  of  New  York,  in  the  follow- 
ing words,  viz: 

Resolved,  That  the  bill  of  Mr.  Samuel  E.  Holmes,  for 
the  sum  of  twenty-five  hundred  dollars,  for  surveying  and 
making  maps  of  the  Nineteenth  Ward  of  the  city  of  New 
York,  for  the  use  of  the  Tax  Commissioners  and  Ward 
Assessors,  be  and  the  same  is  hereby  audited  and  allowed. 

"  Resolved,  That  A.  V.  Stout,  Esq.,  County  Treasurer, 
be  and  he  is  hereby  directed  to  draw  his  warrant  for 
twenty-five  hundred  dollars,  in  favor  of  Samuel  E.  Holmes, 
for  the  services  mentioned  in  the  foregoing  resolution,'^ 
are  hereby  declared  to  be  valid,  and  the  same  shall  be 
carried  into  effect. 

§  2.  This  act  shall  take  effect  immediately. 


Secretary's  Office.  )  I  have  compared  the  preceding 
with  the  original  law  on  file  in  tliis  office  and  do  hereby 


and  Assembly,  do  enact  as  follows : 


149 


(Doc.  No.  9. 


certify  that  the  same  is  a  correct  transcript  therefrom,  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at 
the  city  of  Albany,  this  twenty-seventh  day 
[l.  b.]        of  April,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven. 

N.  P.  STANTON, 

Bep,  Secretary  of  State. 


AN  ACT 


TO  ESTABLISH  A  METROPOLITAN  POLICE  DISTRICT,  AND  TO 
PROVIDE  FOR  THE  GOVERNMENT  THEREOF. 

Passed  April  15,  1857;  three  fifths  being  present. 

The  People  of  the  State  of  JYew  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec.  1.  The  counties  of  New  York,  Kings,  Westchester 
and  Richmond  are  hereby  constituted,  for  the  purposes  of 
this  act,  into  one  district,  to  be  called  "  The  Metropolitan 
Police  District  of  the  State  of  New  York."  Immediately 
upon  the  passage  of  this  act,  and  thereafter,  from  time  to 
time,  as  required  by  this  act,  there  shall  be  appointed  by 
the  Governor,  and  by  and  with  the  consent  of  the  Senate, 
(except  that  during  any  recess  of  the  Senate  the  Governor 
may  appoint,  subject  to  the  thereafter  consent  of  the  same,) 
five  Commissioners  of  Police,  who  shall  be  the  chief  offi- 
cers of  the  said  "  The  Metropolitan  Police  District,"  and 
who  shall  severally  possess  and  perform  therein  the  pow- 
ers and  duties  authorized  and  enjoined  by  this  act.  The 
said  Commissioners,  together  with  the  Mayors  of  the 
cities  of  Brooklyn  and  New  York,  ex  officio^  shall  form 
the  Board  of  Police  for  the  said  district,  and  a  majority 
of  them  shall  constitute  a  quorum  of  such  Board  for  the 
transaction  of  business. 

§  2.  Three  of  said  Commissioners  shall  be  appointed 
from  the  city  of  New  York,  one  from  Kings  county,  one 
from  the  county  of  Richmond  or  Westchester.  The  per- 
sons so  first  appointed  shall  thereupon  assemble  together 


151 


(Doc.  No.  9. 


in  the  office  of  the  Secretary  of  State,  and  draw  lots 
among  themselves,  in  the  presence  of  tlie  said  Secretary 
of  State  or  his  deputy,  for  three  terms  of  office;  one  term 
to  expire  for  three  Commissioners  upon  the  first  day  of 
May,  which  will  be  in  the  year  eighteen  hundred  and 
fifty-eight;  another  term  to  expire  for  two  Commissioners 
on  the  first  day  of  May,  in  the  year  eighteen  hundred  and 
fifty-nine.  Each  Commissioner  appointed  to  fill  a  term 
succeeding  an  expiring  one,  shall  be  appointed  thereafter 
for  a  full  term  of  three  years,  and  the  appointment  for 
such  full  term  shall  be  made  as  provided  in  section  first, 
and  shall  be  made  from  the  county  in  which  the  vacancy 
occurred.  Any  vacancy  as  Commissioner  of  Police  for 
the  said  "The  Metropolitan  Police  District"  shall  be 
filled  by  the  Board  of  Police  for  the  residue  of  the  unex- 
pired term.  Any  one  of  the  said  Cotnmissioners  who 
shall,  during  his  term  of  office,  accept  any  other  place  of 
public  trust  or  emolument,  or  who  shall,  during  the  same 
period,  receive  any  nomination  for  an  office  elective  by 
the  people,  without  publicly  declining  the  same  within 
ten  days  succeeding  the  said  nomination,  shall  be  deemed 
thereby  to  have  vacated  his  office.  Any  one  of  the  Com- 
missioners aforesaid  may  be  at  all  times  removed  by  the 
Governor,  under  the  provisions  of  the  statutes  relating  to 
the  removal  from  office  of  sheriffs,  which  provisions  are 
hereby  extended  so  as  to  relate  to  each  one  of  the  said 
Commissioners. 

§  3.  Upon  the  conclusion  of  the  drawing  for  terms  of 
office  provided  for  in  the  preceding  section,  the  said  Secre- 
tary of  State  or  his  deputy,  shall  file  a  certificate  of  the 
result  thereof,  and  give  to  each  Commissioner  the  proper 
certificate  of  his  office,  according  to  the  term  ho  shall  have 


Ooc.  No.|9.) 


152 


so  drawn  as  aforesaid.  The  said  Secretary  of  State  or 
his  deputy,  shall  then  administer  the  constitutional  oath 
of  office  to  each  Commissioner,  and  make  the  proper 
record  thereof ;  whereupon  the  said  Commissioners  may 
organize  themselves  into  a  Board  of  Police  for  the  said 
"  The  Metropolitan  Police  District,"  and  assume  control 
of  the  police  force  thereof. 

§  4.  The  officers  of  the  Board  of  Police  shall  be  a 
president  and  a  treasurer,  who  shall  each  be  selected  from 
among  the  said  Commissioners.  The  Board  shall  have 
power  to  appoint  a  chief  clerk  and  sis  deputy  clerks  for 
the  said  districts,  who  shall  hold  office  at  the  pleasure  of 
the  said  Board.  The  principal  officer  of  the  Board  shall 
be  located  in  such  part  of  the  said  "  The  Metropolitan 
Police  District"  as  maybe  deemed  most  advisable  and 
convenient  for  the  transaction  of  business.  The  said  office 
shall  be  rented  by  the  Board  and  the  Superintendent  of 
Police,  hereafter  created,  shall  have  office  accommodations 
in  the  same  building  with  that  occupied  by  the  said  Board. 
The  office  accommodations  for  the  two  Deputy  Superin- 
tendents of  Police,  hereinafter  created,  may  be,  at  the  dis- 
cretion of  the  Commissioners,  located  in  any  part  of  the 
district,  except  that  one  Deputy  Superintendent  of  Police 
shall  have  office  accommodations  in  the  city  of  Brooklyn. 

§  5.  It  shall  be  the  duty  of  the  Board  of  Police  hereby 
constituted,  at  all  times  of  the  day  and  night,  within  the 
boundaries  of  the  said, The  Metropolitan  Police  District," 
to  preserve  the  public  peace,  to  prevent  crime,  and  arrest 
offenders;  to  protect  the  rights  of  persons  and  property, 
to  guard  the  public  health,  to  preserve  order  at  every 
primary  and  public  election;  to  remove  nuisances  existing 


158 


(Doc  No.  9. 


in  public  streets,  roads,  places  and  highways;  to  provide 
a  proper  police  force  at  every  firo,  in  order  that  thereby 
the  firemen  and  property  may  be  protected;  to  protect 
strangers  and  travelers  at  steamboat  and  ship  landings, 
and  railway  stations,  to  see  that  all  laws  relating  to  the 
observance  of  Sunday  ;  and  regarding  pawnbroker?, 
mock-auctions,  emigrants,  elections,  gambling,  intemper- 
ance, lottery  policies,  vagrants,  disorderly  persons,  and 
the  public  health  are  properly  enforced;  and  to  obey  and 
enforce  all  ordinances  of  Common  Councils  and  Boards 
of  Supervisors,  and  town  and  village  authorities  within 
the  said  "  The  Metropolitan  Police  District,"  which  are 
applicable  to  police  or  health. 

^  6.  The  said  duties  of  the  Board  of  Police  shall  be 
more  especially  executed  under  the  direction  and  control 
of  said  board,  and  according  to  rules  and  regulations, 
which  it  is  hereby  authorized  to  pass,  from  time  to  time, 
for  the  more  proper  government  and  discipline  of  its  sub- 
ordinate officers,  by  a  police  force  for  the  whole  of  the 
said  "  The  Metropolitan  Police  District ;"  and  authorized 
to  do  duty  in  any  part  thereof,  without  regard  to  residence 
or  county  lines.  The  said  police  force  shall  consist  of  a 
general  superintendent  of  police,  and  two  deputy  superin- 
tendents of  police;  five  surgeons  of  police,  and  so  many 
inspectors,  or  captains  of  police,  not  to  exceed  forty;  so 
many  sergeants  of  police,  not  to  exceed  one  hundred  and 
fifty;  and  so  many  police  patrolmen  as  may  be  determined 
upon  by  the  Board  of  Supervisors  of  the  county  of  New 
York,  to  be  appointed  as  a  quota  of  the  patrol  force,  to 
be  paid  for  by  said  county;  and  as  many  police  patrolmen 
as  may  be  determined  upon  by  the  Common  Council  of 
the  city  of  Brooklyn,  to  be  appointed  as  a  quota  of  the 


Doc.  No.  9.) 


154 


patrol  force,  to  be  paid  for  by  the  city  of  Brooklyn;  and 
so  many  police  patrolmen  as  may  be  determined  upon  by 
the  Supervisors  of  the  towns  of  the  county  of  Kings,  not 
included  within  the  municipal  jurisdiction  of  the  city  of 
Brooklyn,  to  be  appointed  as  a  quota  of  the  police  force, 
to  be  paid  for  by  said  towns  of  the  county  of  Kings;  and 
as  many  police  patrolmen  as  may  be  determined  upon  by 
the  Supervisors  of  the  counties  of  Richmond  and  West- 
chester, to  be  appointed  as  a  quota  of  the  patrol  force,  to 
be  paid  for  by  said  counties  respectively,  in  the  mode  and 
manner  hereinafter  provided;  and  the  aforesaid  authori- 
ties may,  from  time  to  time,  increase  or  diminish  the  num- 
ber of  patrolmen;  and,  until  otherwise  provided  for  as 
aforesaid,  the  said  quota  of  patrol  force  for  the  county  of 
New  York,  and  for  the  county  of  Kings,  shall  be  of  the 
number  of  patrolmen  now  existing  by  law  in  the  cities  of 
New  York  and  Brooklyn.  The  said  offices  hereby  cre- 
ated for  the  said  police  force  shall  be  severally  filled  by 
appointment  from  the  Board  of  Police,  in  the  mode  pre- 
scribed by  this  act;  and,  each  person  so  appointed  shall 
hold  office  only  during  such  time  as  he  shall  faithfully  ob- 
serve and  execute  all  the  rules  and  regulations  of  the  said 
board,  the  laws  of  the  state,  and  the  ordinances  existing 
within  the  district  enacted  by  the  city,  county,  town,  and 
village  authorities  within  the  same,  and  which  ordinances 
apply  to  such  part  of  the  district  where  the  members  of 
the  police  force  may  be  on  duty. 

§  7.  The  qualifications,  enumeration  and  distribution  of 
duties,  mode  of  trial  and  removal  from  office  of  each  officer 
of  said  police  force,  shall  be.  particularly  defined  and  the 
prescribed  by  rules  and  regulations  of  the  Board  of  Police, 
in  accordance  with  the  constitution  and  laws  of  this  state; 


155 


(Doc.  No.  9. 


provided,  however,  that  no  person  shall  be  so  appointed 
to  office,  or  hold  office  in  the  police  force  aforesaid,  who 
cannot  read  and  write  the  English  language  or  who  is  not 
a  citizen  of  the  United  States,  or  who  shall  not  have  re- 
sided within  the  said,  "  The  Metropolitan  Police  District" 
during  a  term  of  five  years  next  preceding  his  appoint- 
ment, or  who  shall  ever  have  been  convicted  of  crime; 
and  provided  that  no  person  shall  be  removed  therefrom, 
except  upon  written  charges  preferred  against  him  to  the 
Board  of  Police,  and  after  an  opportunity  shall  have  been 
afforded  him  of  being  heard  in  his  defence;  and  provided, 
that  whenever  any  vacancy  shall  occur  as  inspector  of 
police,  the  same  shall  be  filled  by  an  appointment  from 
among  the  persons  then  in  office  as  sergeants  of  police; 
and  a  like  vacancy  in  the  office  of  sergeants  of  police  shall 
be  filled  by  appointment  from  among  the  persons  then  in 
office  as  patrolmen. 

§  8.  The  members  of  the  police  force  of  the  said,  "  The 
Metropolitan  Police  District''  shall  possess,  in  every  part  of 
the  state  of  Ne^  York,  all  the  common  law  and  statutory 
powers  of  constables,  except  for  the  service  of  civil  pro- 
cess; and  any  warrant  for  search  or  arrest  issued  by  any 
magistrate  of  the  state  of  New  York,  may  be  executed  in 
any  part  of  the  state  by  any  member  of  the  police  force  of 
the  said,  ''The  Metropolitan  Police  District,"  without 
any  backing  or  indorsement  of  the  said  warrant,  and 
according  to  the  terms  thereof;  and  all  tiie  provisions  of 
sections  seven,  eight  and  nine,  of  chapter  two,  title  two, 
part  four  of  the  Revised  Statutes  in  relation  to  the  giving 
and  taking  of  bail,  shall  apply  to  this  act.  The  general 
and  deputy  superintendents  and  inspectors  or  captains  of 
police,  having  just  cause  to  suspect  that  any  felony  has 


Doc.  No.  9.) 


156 


been  or  is  being,  or  is  about  to  be  committed  within  any 
building,  or  on  board  of  any  ship,  boat  or  vessel  wiihin 
the  said,  "  The  Metropolitan  Police  District,"  may  enter 
upon  the  same  at  all  hours  of  the  day  and  night,  to  take 
all  necessary  measures  for  the  effectual  preservation  or 
detection  of  all  felonies,  and  may  take  then  and  there  into 
custody  all  persons  suspected  of  being  concerned  in  such 
felonies,  and  also  may  take  charge  of  all  property  which 
he  or  they  shall  have  then  and  there  just  cause  to  suspect 
has  been  stolen. 

§  9.  If  the  general  superintendent  of  police  shall  re- 
port in  writing  to  the  Board  of  Police  that  there  are  good 
grounds  for  believing  any  house  or  room  within  the  said 
"The  Metropolitan  Police  District"  to  be  kept  or  used  as 
a  common  gaming  house  or  cock-pit,  and  if  two  or  more 
householders,  dwelling  within  the  said  district  and  not  be- 
longing to  the  Metropolitan  Police  aforesaid,  shall  make 
oath  in  writing  before  any  one  of  the  commissioners  of 
police,  and  annexed  to  the  said  report,  (which  oath  every 
commissioner  of  police  is  hereby  empowered  to  adminis- 
ter, receive  and  subscribe,)  that  the  premises  complained 
of  by  the  general  superintendent  of  police,  are  commonly 
reported  and  believed  by  the  deponents  to  be  kept  as  a 
common  gaming  house  or  cock-pit,  it  shall  be  lawful  for 
any  commissoner  of  police,  by  order  in  writing,  to  author- 
ize the  said  general  superintendent,  or  either  deputy  su- 
perintendent of  police,  to  enter  upon  such  premises,  to- 
gether with  such  members  of  the  patrol  force  as  shall  be 
directed  by  the  said  commissioner,  by  name,  to  accompany 
him  or  them,  and,  if  necessary,  to  use  force  for  the  pur- 
pose of  effecting  such  entry,  whether  by  breaking  open 
doors  or  otherwise,  and  to  take  into  custody  all  persons 


157 


(Doc  No.  9 


who  shall  be  found  therein,  and  destroy  all  implements  of 
gaming  found  therein,  and  forthwith  to  convey  the  said 
persons  before  any  magistrate  of  the  district,  who  shall 
forthwith  proceed  to  hear  the  proof  whether  or  no  any  of 
such  persons  were  in  such  premises  for  the  purpose  of 
gaming;  and  if  there  shall  be  probable  cause  for  believing 
that  any  of  such  persons  were  so  in  such  premises  for  the 
purpose  of  gaming,  then  the  said  magistrate  shall  forth- 
with order,  by  due  commitment,  any  of  the  said  persons  to 
find  good  bail,  with  two  householders  of  the  Metropolitan 
Police  District  as  his  sureties,  conditioned  for  his  appear- 
ance at  the  proper  criminal  court  of  the  county  wherein  the 
said  premises  are  situated,  having  iurisdiction  to  try  misde- 
meanors, either  at  the  term  thereof  then  in  being,  or  at  the 
next  term  thereof,  to  answer  any  indictment  which  may  be 
found  thereat,  charging  him  with  being  in  the  said  premises 
as  a  common  gambler,  or  in  default  thereof,  the  said  mag- 
istrate shall  commit  to  the  common  jail  or  city  prison  of 
the  county  for  such  trial.  The  said  magistrate  shall  im- 
mediately send  the  proofs  in  writing  to  the  District  At- 
torney of  the  county,  whose  duty  it  shall  be,  in  preference 
to  any  other  case  in  his  office  of  prosecution  for  any  offence, 
to  lay  the  same  before  the  grand  jury  of  the  county,  and 
upon  indictment  being  thereupon  found,  to  immediately 
try  the  same  in  preference  to  every  other  case,  subject  to 
the  discretion  of  the  court.  It  shall  be  sufficient  in  the 
said  indictment  to  charge  that  the  defendant,  (naming 
liim.)  upon  a  day  certain,  and  at  an  hour  certain,  was 
arrested  within  a  common  gaming  house  and  is  a  common 
gambler.  If  the  jury  are  satisfied  that  the  premises  in 
which  he  was  arrested,  was  kept  for  purposes  of  gaming, 
and  tliat  ho  was  present  for  the  purpose  of  gaming,  then 


Doc.  No.  9.) 


158 


the  said  defendant  may  be  convicted  as  a  common  gam- 
bler. If  convicted  as  such  common  gambler,  then  the 
court  shall  forthwith  sentence  him  as  for  a  misdemeanor, 
to  an  imprisonment  not  less  than  ten  days  in  the  jail  of 
the  county,  or  penitentiary  not  exceeding  one  year,  and 
at  hard  labor  therein,  or  to  a  fine  not  less  than  two  hun- 
dred and  fifty  dollars,  nor  more  than  one  thousand  dol- 
lars. The  phrase  "purposes  of  gaming"  in  this  section, 
shall  be  taken  to  mean  any  purpose  of  playing  for  wagers 
of  money  at  any  game  of  chance,  by  whatsoever  name  the 
same  shall  be  known.  If  the  said  implements  of  gaming 
seized  shall  have  annexed  to  the  same  any  thing  of  value, 
apart  from  their  value  as  such  implements,  the  said  thing 
of  value  so  annexed  to  the  implements  ordered  to  be  des- 
troyed, shall  be  returned  to  the  owner  thereof. 

§  10.  It  is  hereby  made  the  duty  of  the  board  of  police, 
for  more  effectually  distributing  and  enforcing  its  police 
government  and  discipline,  to  divide  the  said,  *'  The 
Metropolitan  Police  Districts,"  into  precincts  not  exceed- 
ing forty,  and  without  regard  to  county  or  ward  bound- 
aries, and  to  assign  one  inspector  or  captain  of  police,  and 
four  sergeants  of  police  to  each  of  said  precincts.  The 
board  may,  from  time  to  time,  establish  a  station  or  sub- 
stations, in  each  precinct,  for  the  accommodation  of  the 
police  force  on  duty  therein.  It  may,  from  time  to  time, 
detail  and  change,  without  regard  to,  or  limitation  of, 
residence,  inspectors  or  captains,  sergeants  and  patrolmen 
and  doormen,  to  such  parts  of  the  district,  rivers,  creeks 
and  harbors  therein,  or  to  such  of  the  police  and  criminal 
courts,  and  to  the  public  offices  of  the  government  of  the 
cities  of  New  York  and  Brooklyn  and  the  quarantine,  and 
emigration  offices  as  it  may  deem  advisable.   It  shall  not 


159 


(Doc.  No.  9. 


suspend  members  of  the  police  force  from  pay  for  more 
than  thirty  days.  It  shall  promulgate  all  regulations  and 
orders  through  the  general  superintendent  of  police,  who 
shall  take  the  place  of  the  Mayor  of  the  city  of  New  York 
and  of  the  city  of  Brooklyn,  as  being  the  head  of  the 
Police  Department  or  force  of  the  said  cities,  but  always 
subject  to  the  orders  and  regulations  of  the  board  of 
police;  and  it  shall  be  the  duty  of  the  police  force  to  re- 
spect and  obey  the  said  general  superintendent  of  police 
as  the  head  and  chief  of  the  same,  subject  to  the  rules  and 
regulations  and  general  orders  of  the  Board  of  Police. 

§  11.  The  Board  of  Police,  whenever  it  shall  see  fit, 
shall  on  the  application  of  any  person  or  persons,  show- 
ing the  necessity  thereof,  appoint  and  swear  any  addi- 
tional number  of  patrolmen,  to  do  duty  at  any  place 
within  "  The  Metropolitan  Police  District,"  at  the  charge 
and  expense  of  the  person  or  persons  by  whom  the  appli- 
cation  shall  be  made;  (but  not  to  exceed  the  yearly  sum 
provided  for  patrolmen  of  the  force,  provided  by  this 
act  as  the  general  police  force,)  and  the  patrolmen  so 
appointed  shall  be  subject  to  the  orders  of  the  Board  of 
Police,  and  shall  obey  the  rules  and  regulations  of  the 
Board,  and  conform  to  its  general  discipline,  and  to  such 
other  special  regulations  as  may  be  made,  and  shall  wear 
such  dress  or  emblem,  as  the  board  may  direct,  and  shall, 
during  the  term  of  their  holding  appointment,  possess  all 
the  powers,  privileges  and  duties  of  the  patrol  force, 
heretofore  prescribed.  The  persons  so  appointed  may  be 
removed  at  any  time  by  the  Board  of  Police,  without 
assigning  cause  thereof,  upon  one  month's  notice  of  the 
intention  so  to  do,  given  to  the  person  or  persons  who 
applied  for  the  appointment  as  aforesaid-    The  Board  of 


Doc.  No.  9.) 


160 


Police  may  also,  upon  any  emergency,  of  riot,  pestilence, 
invasion,  or  during  any  day  of  public  election  or  celebra- 
tion, appoint  as  many  special  patrolmen,  without  pay, 
from  among  the  citizens  as  it  may  deem  advisable,  and 
for  a  specified  time,  and  during  the  term  of  service  of  any 
such  special  patrolmen,  he  shall  possess  all  the  powers 
and  privileges,  and  perform  all  the  duties  of  the  patrol- 
men of  the  standing  police  force  of  the  district,  but  the 
Board  of  Police,  in  making  such  appointments,  shall  in  no 
way  interfere  with  the  force  of  the  lawful  command  of 
the  sheriffs  of  counties,  as  now  provided  for  by  law,  and 
such  special  patrol  shall  wear  any  emblem  to  be  pre- 
scribed by  the  Police  Commissioners. 

§  12.  No  member  of  the  police  force,  under  penalty  of 
forfeiting  the  pay  which  may  be  due  to  him,  shall  with- 
draw or  resign  from  the  police  force,  unless  he  shall  have 
given  one  month^s  notice  thereof,  in  writing,  to  the  general 
superintendent  of  police,  and  no  person  who  shall  ever 
have  been  removed  from  the  police  force  established  by 
this  act,  for  cause,  shall  be  reappointed  by  the  Board  of 
Police  to  any  office  in  the  said  police  force. 

§  13.  All  stolen  property  taken  by  members  of  the 
police  force,  shall  be  kept  in  a  place,  and  by  a  person  to 
be  designated  by  the  Board  of  Police.  Every  such  article 
of  property  shall  be  entered  in  a  book  kept  for  the  pur- 
pose, together  with  the  name  of  the  owner,  if  ascertained, 
and  the  name  of  the  place  where  found,  and  of  the  person 
from  whom  taken,  with  the  general  circumstances,  and 
the  date  of  its  receipt,  and  the  name  of  the  officer  recov- 
ering the  same.  The  Board  of  Police  shall  also  cause  to 
be  kept  general  complaint  books,  in  which  shall  be 


IGl 


(Doc.  No.  9. 


entered  every  complaint,  preferred  upon  personal  know- 
ledge of  the  circumstances  thereof,  with  the  name  and 
residence  of  the  complainant.  It  sliall  also  cause  to  bo 
kept  books  for  the  registry  of  lost,  missing  ov  atolea 
property,  for  the  general  convenience  of  the  public  and 
of  the  police  force  of  the  district.  It  shall  also  cause  to 
be  kept  book  of  records  of  'I'he  Metropolitan  Police 
District,"  wherein  shall  bo  entered  tlic  name  of  every 
member  of  (he  police  force,  with  bis  time  and  place  of 
nativity,  the  time  and  place  when  he  became  a  citizen,  if 
he  was  born  out  of  the  United  States,  his  age,  his  former 
occupation,  number  of  family  and  residence  tlicreof,  tho 
date  of  appointment  or  dismissal  from  office,  with  the 
cause  of  the  latter.  And  in  every  such  record,  sufficient 
space  shall  be  left  against  all  such  entries  wherein  to 
make  record  of  the  number  of  arrests  made  by  such  mem- 
ber of  the  police  force  or  of  any  special  services  deemed 
meritorious  by  the  inspectors  or  captains  of  police.  It 
shall  also  cause  to  be  kept  in  proper  books,  the  accounts 
of  the  treasurer  of  the  Board,  and  number  of  the  several 
meetings  thereof,  and  all  receipts  for  moneys  or  warrants 
or  checks  for  moneys,  shall  bo  written  in  books  kept  for 
the  purpose,  and  the  said  receipts  signed  by  the  person 
or  persons  in  every  case  receiving*  money,  warrants,  or 
checks  from  the  treasurer.  All  such  books  shall  be,  at  all 
business  hours,  and  when  not  in  actual  use,  open  to  public 
inspection.  The  Board  of  Police  shall  also  cause  to  bo 
kept  and  bound  all  police  returns  and  re[)orts  of  the 
districts. 

§  14.  It  shall  be  the  duty  of  the  Common  Councils  of 
the  cities  of  New  York  and  Brooklyn  respectively,  in 
accordance  with  the  practice  and  ordinances  now  exist- 
11 


Doc.  No.  9.) 


162 


ing  therein,  to  provide,  at  the  expense  of  said  cities, 
respectively,  all  necessary  accommodations  within  such 
precincts  of  the  said  "  The  Metropolitan  Police  District," 
as  shall  be  contained  within  the  boundaries  of  the  said 
cities  respectively,  for  the  station-houses  required  by  the 
Board  of  Police  for  the  accommodation  of  the  police 
force  of  such  precincts;  for  the  lodging  of  vagrants  and 
disorderly  persons,  and  for  the  temporary  detention  of 
persons  arrested  for  offences.  It  shall  also  be  the  duty 
of  the  said  Common  Councils  respectively  to  furnish  the 
same  suitably,  and  to  warm  and  light  the  same  by  day 
and  night.  In  case  the  said  Common  Councils  or  either 
of  them  neglect  or  refuse  so  to  do,  after  having  been 
thereto  requested  by  the  Board  of  Police,  then  the  sM 
Board  may  make  their  own  provisions  in  the  premises, 
and  the  same,  when  made,  shall  become  a  proper  charge 
and  debt  for  the  expenses  and  disbursement  thereof 
against  the  said  city  or  cities,  whose  Common  Council 
has  30  neglected  or  refused  to  make  provision  as  afore, 
said.  The  accommodations  required  in  the  counties  of 
Richmond  and  Westchester,  and  in  the  county  towns  of 
King's  county,  respectively,  shall  be  those  ordinarily 
made  and  used  therein  by  the  criminal  authorities,  of  each 
town  or  village  therein;  and  so  far  as  the  detention  of 
persons  under  arrest,  is  concerned,  the  same  shall  be  law- 
ful in  any  part  of  the  said  "  Metropolitan  Police 
District,"  without  regard  to  county  lines  therein,  on 
direction  to  that  effect  by  any  inspector  or  captain  of 
police;  and  in  every  case  of  arrest  the  same  shall  be 
made  known,  within  six  hours  thereafter,  to  the  inspector 
or  captain  upon  duty,  in  the  precinct  wherein  the  arrest 
was  made  by  the  person  making  the  same,  and  it  shall  be 


163 


(Doc.  No.  9. 


the  duty  of  the  siiid  inspector,  within  twolve  hours  after 
Such  notice,  to  uiako  written  return  thereof,  acconJinj^  to 
the  rules  and  regulations  of  the  Board  of  Police,  togoilier 
with  the  name  of  the  party  arrestee],  the  oflonce.  the  jtlaeo 
of  arrest  and  the  phice  of  detention.  Th^j  Bi>;irti  of 
Police  shall  provide  j^uilable  accommodation  wiihin  tho 
said  The  Metropolitan  Police  District,"  for  the  deten- 
tion of  witnesses  who  arc  unable  to  furn'sh  security  for 
their  appearance  in  criminal  proceedings,  anJ  such  accom- 
modations L'hall  be  in  premises  other  than  those  employ  (id 
for  the  confinement  of  persons  charged  with  crime,  fraud, 
or  disorderly  conduct;  and  it  shall  be  the  duty  of  all 
magistrates,  in  committing  witnesses,  to  have  regard  to 
ihe  rules  and  regulations  of  the  Board  of  Police,  in  re- 
spect to  their  detention. 

§  16.  All  telegraphic  apparatus,  public  police  property, 
books,  records  and  accoutrements,  now  in  the  possessioQ 
of  the  Police  Departments  of  Brooklyn  and  New  York, 
are  hereby  given  for  the  use,  (at  tho  proper  places,  within 
the  county  of  Kings  and  Brooklyn,  not  to  be  removed 
from  the  county  wherein  now  used.)  of  the  Boaid  of  Police 
herein  authorized;  but  the  ownersliip  of  the  same,  and  tho 
use  thereof,  as  aforesaid,  shall  be  according  to  tho  ordi- 
nances which  the  Common  Council  of  the  cities  in  which 
the  said  property  is  situated,  have  enacted  or  may  hero- 
after  enact.  The  Board  of  Police  shall  have  power  to 
enact  and  maintain,  under  the  general  laws  of  the  staij, 
relating  to  the  telegraph  lines,  ail  such  lines  of  telegraph 
in  such  places  within  the  said  district,  as  for  purposes  of 
police  the  Board  shall  deem  necessary. 

§  10.  The  necessary  expenses  incurred  in  the  cxecutioa 


Doc.  No.  9.) 


164 


of  criminal  process  within  tlie  pa>d  "The  Metropolitan 
Police  District,"  Fhal!  be  a  county  chai^re,  only  against 
the  county  from  which  the  said  process  issued. 

§  17.  The  coDStablcs  elected  by  the  electors  within  the 
counties  of  Westchester  and  Richmond,  and  in  the  county 
town  of  Kings,  shall  pos>ess  all  the  powers  C(^nferred  by 
this  act  upon  {)atroInien  of  the  police  force.  The  Board 
of  Suporvi.-ors  in  each  of  the  said  hist-nieniiivncd  counties, 
and  the  Supervisors  of  the  county  towr,  of  Kings,  in  board 
assembled,  may  call  upon  the  Bonrd  of  Police  to  appoint 
for  duty,  within  the  precincts  of  winch  the  said  county 
shall  be  a  part,  as  many  additional  inspectors  or  cnptains, 
sergeants  and  patrolmen,  as  it  shall  eriumccate  and  de- 
scribe, upon  appro|)riations  to  the  police  fund,  the  neces- 
sary expenses  and  salaries  to  be  incurred  thereby.  Any 
of  the  village  or  town  authorities  within  ihe  said  counties 
respeciively,  may  also  make  such  deniand  upon  the  Board 
of  Police,  upon  making  the  like  provisions  of  pay;  atid  it 
shall  be  the  duty  of  the  Board  of  Police  to  a]>point  such 
officers,  who  shall  thereafter  become  regular  members  of 
the  police  force  of  the  district,  and  subject  to  all  the  rules 
and  regulations  of  the  Board,  discharge  the  duty  and 
possess  powers  and  privileges  as  such  membeis.  The 
Supervisors  of  the  counties  of  Richmond,  Westchester  and 
Kings  are  hereby  authorized,  from  lime  to  time,  to  levy 
and  raise  by  tax  upon  the  real  and  personal  |)roj)erty  tax- 
able within  each  county,  such  sum  or  sums  of  njoney  as 
may  be  required  to  carry  into  eft'cct  the  f)rovisions  of  this 
section,  or  the  police  purposes  of  this  act. 

§  18.  No  person  holding  office  under  this  act  shall  be 
liable  to  military  or  jury  duty,  uor  to  arrest,  on  a  civil  pro- 


165 


(I)ui'.  No.  0. 


cess,  or  to  service  of  subpoena  from  civil  courts,  whilst 
actually  on  duty. 

§  19.  The  health  officer  of  the  port  of  New  York  shall 
have  power,  at  all  times,  to  call  upon  any  of  the  police 
force  of  the  district,  to  a  number  not  exccedinj^  ten,  to 
aid  him  upon  any  neces^ury  emergency,  in  enforcing  the 
powers  and  duties  conferred  upon  his  oflfice  by  law,  and 
it  shall  thereupon  become  the  duty  of  any  such  member 
of  the  police  force,  so  called  upon,  to  obey  him.  But  such 
service  shall  not  coniinuc  longer  than  iwcnty-four  hours. 

§  20.  The  Board  of  Police  shall,  at  all  times,  cause  iho 
ordinances  of  the  cities  of  New  York  and  Brooklyn  to  bo 
properly  enforced,  and  it  shall  be  the  duty  of  said  Board, 
at  all  times,  whenever  consistent  with  the  rules  and  regu- 
lations of  the  Board,  and  with  the  requiiements  of  this 
act,  to  furnish  all  information  desired,  and  comply  with 
all  the  requests  made  by  the  Common  Councils  of  the 
Baid  cities,  or  by  the  Mayors  thereof,  or  by  ihe  Boards  of 
Supervisors  of  the  counties  of  Westchester  and  Richmond 
and  the  county  town  of  Kings.  The  Board  of  Police  is 
hereby  invested  with  all  the  powers  now  conferred  by 
law  upon  the  Mayors  of  New  York  or  of  Brooklyn,  in 
respect  to  ordering  military  assistance  in  aid  of  the  civil 
authorities,  to  quell  riots,  suppress  insurrection,  protect 
the  property  and  preserve  the  public  tranqu  llity.  The 
Board  of  Police  j^hall  appoint  all  court  clerks  prescrii»ed 
to  the  judicial  districts  in  which  police  justices  are  elected 
in  the  city  and  county  of  Nesv  York,  ami  it  shall  designate 
the  courts  at  which  they  shall  do  duty  respectively.  The 
Board  of  Police  shall  have  power  to  i>sue  subpoenas,  at  test- 
ed in  the  name  of  i:s  president,  to  com[)el  betorc  it  the  at- 


Doc.  No.  90 


166 


tend:3nr>e  of  witnesses,  upon  anj  proceeding  authorized  by' 
its  jules  nnd  regulations.  Each  Commissioner  of  Police, 
the  general  superintendent  of  police,  and  each  deputy 
superintendent  of  police,  and  the  chief  clerk  of  the  Board 
of  Police  are  hereby  given  power  to  administer,  take,  re- 
ceive and  subscribe  all  affirmations  and  oaths  to  any  wit- 
ness summoned  and  appearing  in  any  matter  or  proceed- 
ing authorized  as  aforesaid,  or  to  anj  depositions  neces- 
sary by  the  rules  and  regulations  of  the  Board  of  Police. 
Any  wilful  and  corrupt  false  swearing  by  any  witness  or 
person  making  deposition  before  any  of  the  officers  last- 
mentioned,  to  any  material  fact  in  any  necessary  proceed- 
ing under  the  said  rules  and  regulations,  shall  be  deemed 
perjury,  and  punished  in  the  manner  now  prescribed  by 
law  for  such  offence.  The  provisions  of  law  now  exist- 
ing, in  respect  to  attachment  of  witnesses  before  Commit- 
tees of  the  Common  Council  of  New  York,  and  to  the  com- 
pulsory attendance  of  the  said  witnesses  to  appear  and 
testify  before  them,  are  hereby  applied  to  the  case  of  wit- 
nesses subpenaed  before  the  Board  of  Police. 

§  21.  It  shall  be  the  duty  of  the  Board  of  Police  to 
detail,  on  the  day  of  any  election  within  the  cities  of  New 
York  and  Brooklyn,  at  least  two  patrolmen  to  each  election 
poll,  and  shall,  in  and  for  each  of  the  said  cities,  appoint  all 
poll  clerks  provided  for  by  law,  and  shall,  in  and  for  the 
said  cities,  provide  ballot  boxes  for  use  at  general,  special 
and  charter  elections,  and  keep  custody  of  the  said  boxes, 
except  during  the  taking,  receiving  and  counting  of  the 
votes.  It  shall  not  be  lawful  for  any  person  to  publicly 
keep  or  dispose  of  any  intoxicating  liquors  upon  the  first 
dav  of  the  week,  called  Sunday,  or  upon  any  day  of  public 


\ 


167  (Doc.  No.  9. 

election  within  the  said  "  The  Metropolitan  Police  Dis- 
trict" under  a  penalty  of  fifty  dollars  for  each  offence,  to 
be  sued  for  and  recovered  in  the  name  of  the  people  of  the 
state  of  New  York,  by  the  District  Attorne}?  of  the  coun- 
ty wherein  the  offence  is  committed,  for  the  benefit  of  the 
police  contin<rent  fund  hereby  authorized;  and  it  shall  be 
the  duty  of  the  Board  of  Police  to  strictly  enforce  the 
provisions  of  this  section  by  its  proper  order  in  respect 
thereto.  It  shall  be  the  duty  of  the  said  Board  to  pre- 
vent any  booth  or  box,  for  the  distribution  of  tickets  at  any 
election,  to  be  erected  or  maintained  within  one  hundred 
and  fifty  feet  of  any  polling  place  within  said  district. 

§  2^1.  It  shall  be  a  misdemeanor  punishable  by  im- 
prisonment in  the  county  jail  or  penitentiary,  if  there  be 
a  penitentiary  in  the  county  where  the  conviction  is 
had,  not  less  than  one  year,  nor  exceeding  two  years,  or 
by  a  fine  not  less  than  two  hundred  and  fifty  dollars,  for  any 
person,  without  justifiable  or  excusable  cause,  to  use  per- 
sonal violence  upon  any  elector  in  the  Metropolitan  Police 
District,  or  upon  any  member  of  the  police  force  thereof, 
when  in  the  discharge  of  his  duty,  or  any  such  member 
to  neglect  making  any  arrest  for  an  offence  against  the 
law  of  the  state,  committed  in  his  presence,  or  for  any 
person,  not  a  member  of  the  police  fore**,  to  falsely  repre- 
sent himself  as  being  such  member,  with  a  fraudulent  de- 
sign. 

§  23.  The  treasurer  of  the  Board  of  Police  shall  receive 
an  annual  stated  salary  of  three  thousand  dollars,  and 
each  other  commissioner  shall  receive  an  allowance  of 
eight  dollars  for  each  day  of  actual  service,  the  same  to 
be  certifled  to  the  Comptroller  of  the  State  by  the  trea- 


Doc,  No.  9.) 


168 


surer  of  the  Board;  but  no  otber  compensation  shall  be 
paid  or  allowed  to  the  members  of  the  Board.  The  Gen- 
eral Superintendent  of  Police  shall  receive  a  like  salary 
of  three  thousand  dollars;  each  deputy  superintendent  of 
police  shall  receive  a  like  salary  of  two  thousand  dollars; 
each  surgeon  of  police  shall  receive  a  like  salary  of  fifteen 
hundred  dollars;  each  inspector  or  captain  of  police  shall 
receive  a  like  salary  of  twelve  hundred  dollars;  each 
sergeant  of  police  shall  receive  a  like  salary  of  nine  hun- 
dred dollars;  the  chief  clerk  to  the  Board  of  Police  shall 
receive  a  like  salary  of  two  thousand  dollars;  and  each 
deputy  clerk,  a  like  salary  of  one  thousand  dollars.  The 
pay  of  each  police  patrolman  shall  bo  at  the  rate  of  eight 
hundred  dollars,  and  that  of  each  doorman  at  the  rate  of 
seven  hundred  dollars  per  year.  The  salaries  shall  be 
paid  quarterly,  and  the  pay  monthly,  to  each  person 
entitled  thereto.  The  salary  of  each  commissioner  shall 
be  paid  to  him  by  the  Comptroller  of  the  State,  out  of  the 
police  fund.  Each  inspector  or  captain  shall  receive 
monthly,  from  the  treasurer  of  the  board,  the  sums  re- 
quired for  the  pay  of  the  patrolmen  and  doormen  doing 
duty  within  his  police  district  precinct.  No  member  of 
the  Board  of  Police  or  of  the  police  force,  shall  receive 
or  share  in,  for  his  own  benefit,  under  any  pretence  what- 
soever, any  present,  fee,  gilt  or  emolument  for  police  ser- 
vices, other  than  the  regular  salary  and  pay  provided  by 
this  section,  except  by  unanimous  consent  of  the  Board  of 
Police. 

§  24.  All  rewards,  fees,  proceeds  of  gifts  and  emolu- 
ments  that  may  be  allowed  by  the  Board  of  Police,  to  be 
paid  and  given  for  account  of  extraordinary  services  of 
any  member  of  the  police  force,  and  all  moneys  arising 


169 


(Doc.  No.  9. 


from  the  sale  of  unclaimed  goods  Fliall  be  paid  into  tlio 
bank  wiicrcin  iho  treasurer  of  the  Hoard  of  I'olicc  i^liall 
be  required,  as  liercinafter  j/rovided,  to  keep  liis  aeeount. 
The  payments  so  made  sh;ill  constitute  a  fund,  to  be  called 
the  "Police  Life  and  Health  Insurance  Fund,"  and  tho 
persons  wlio  shall,  from  time  to  time,  till  the  ofiice  of  tho 
Baid  treasurer  of  the  Board  of  Police,  and  that  of  tlio 
Comptrollers  of  the  cities  of  New  York  and  Brooklyn, 
are  hereby  declared  the  trustees  of  the  said  fund,  and  may 
invest  the  same,  as  they  shall  see  lit,  either  in  whole  or 
in  part. 

§  25.  Whenever  any  member  of  the  police  force,  in  tho 
actual  performance  of  his  duty,  shall  become  bodily  dis- 
abled, his  necessary  expenses,  on  the  certificate  of  a  sur- 
geon of  the  police,  stating  the  manner,  cause  and  condition 
of  injury,  and  approved  by  the  Board  of  Police,  during  the 
time  his  disabling,  as  aforesaid,  continues,  may  become  a 
charge  upon  the  fund  provided  for  in  the  preceding  sec- 
tion. If  such  bodily  disabling  is  likely  to  continue  for 
life,  on  the  like  certilicatc  to  that  effect  and  the  like  ap- 
proval, the  sum  of  one  thousand  dollars  may  be  chargeable 
upon  the  said  fund,  to  be  paid  to  the  person  so  injured. 
If  any  member  of  the  police  force,  in  the  performance  of 
his  duty,  shall  be  killed  or  shall  die  from  the  effect  of  any 
injury  received  by  him  whilst  in  such  performance,  and 
there  shall  be  any  person  absolutely  interesied,  pecuniarily, 
in  the  continuance  of  his  life,  a  sum  of  two  thousand  dol- 
lars may  be  chargeable  against  the  said  last-mentioned 
fund,  to  be  paid  to  the  person  so  interested.  In  every 
case  the  Board  of  Police  shall  inquire  into  the  circum- 
stances, and  if  satisfied  that  theoharge  upon  the  said  fund 
is  correct,  shall  order  the  same  to  be  paid  by  the  draft  of 


Doc,  No.  9.) 


iro 


the  said  trustees  upon  the  said  fund,  each  writing  his 
signature  thereto.  But  the  provisions  of  this  section 
shall  not  apply  to  special  patrolmen,  appointed  as  herein 
before  provided  for,  at  the  request  and  expense  of  private 
parties. 

§  26.  The  Board  of  Supervisors  in  the  county  of  New 
York,  and  the  Joint  Board  of  Supervisors  and  Aldermen 
of  the  city  of  Brooklyn,  and  Kings  respectively,  shall  an- 
nually raise  and  collect,  by  tax  upon  the  real  and  personal 
property  taxable  within  the  cities  of  New  York  and 
Brooklyn,  such  sums  of  money  as  the  Boards  of  Police  for 
the  said  "  The  Metropolitan  Police  District,"  on  or  before 
the  first  Monday  of  June  in  each  year,  shall  apportion  as 
requisite  and  needful  to  be  raised  by  each  city  and  county, 
which  several  sums  of  money  shall  be  applied  by  the  said 
Board  of  Police  for  the  fiscal  purposes  of  this  act.  But 
Buch  apportionment  shall  not  be  legal  or  binding  upon  the 
respective  Boards  of  Supervisors  above-mentioned,  if  the 
apportionment  of  tax  made  to  each  county  aforesaid  shall 
exceed  the  sum  which  shall  be  necessary  to  maintain  police 
accommudations  and  the  police  force  used  and  employed 
within  each  or  either  of  the  said  counties,  according  to 
the  action  of  the  Board  of  Supervisors,  nor  unless  the  said 
apportionment  shall  be  first  approved  by  a  majority  vote 
of  an  auditing  committee,  composed  of  the  Prcsiderit  of 
the  Board  of  Supervisors  in  each  of  the  counties  embraced 
by  the  said  "The  Metropolitan  Police  District,"  and  by 
the  Comptrollers  of  the  cities  of  New  York  and  Brooklyn 
respectively.  The  said  several  sums  of  money  appor- 
tioned, levied  and  collected  within  each  of  said  cities  of 
New  York  and  Brooklyn,  shall  be  in  lieu  of  all  taxes 


171 


(Doc.  No.  0. 


within  cacli  of  the  paid  cities  for  the  support  of  police 
governments  therein. 

§  27.  Such  several  sumslof  money  "provided  for  l>y  the 
preceding  section,  when  collected,  shall  be  paid  into  the 
treasury  of  the  said  respective  cities,  and  shall  be  styled 
the  Police  Fund,  and  next  immediately  paid  into  the 
treasury  of  the  state  of  New  York,  and  shall  be  paid 
therein  and  therefrom  under  the  fiscal  regulations  of  law 
relating  to  the  School  Fund  of  the  state  of  New  York,  at 
least  once  a  month,  but  not  in  a  sum  exceeding,  at  any 
one  time,  one  sixth  of  the  whole  yearly  sum  collected; 
and  the  sums  of  moneys  collected  by  the  respective  cities 
aforesaid,  for  the  purposes  of  police  therein  during  the 
years  eighteen  hundred  and  fifty-six  and  eighteen  hundred 
and  fifty-seven,  and  not  expended,  in  the  respective  trea- 
suries of  the  said  cities,  shall,  immediately  upon  the  or- 
ganization of  the  Board  of  Police,  and  after  due  notice  to 
that  effect  served  upon  the  Comptroller  of  the  city  and 
county  of  New  York  and  the  City  Treasurer  of  Brooklyn, 
be  paid  into  the  state  treasury,  as  part  of  the  Police 
Fund,  and  disbursed,  as  before  provided,  to  the  treasurer 
of  the  Board  of  Police,  on  his  properjwarrant  in  like 
manner,  as  aforesaid. 

§  28,  The  Treasurer  of  the  Board  of  Police  shall  dis- 
burse all  moneys  required  for  the  purposes  of  the  said 
Board,  but  always  upon  his  check  or  warrant  upon  the 
funds  to  the  credit  of  the  Board,  which  shall  be  deposited 
by  the  said  treasurer  in  such  bank  or  banks  within  "  The 
Metropolitan  Police  District,"  as  shall  be  designated  for 
that  pur[)ose  by  the  Comptroller  of  the  state  of  New^  York. 
No  expenses  other  than  salaries  and  pay  herein  provided 


Doc.  No,  9.) 


172 


shall  ever  be  incurred  by  the  Board  of  Police,  except  for 
rents,  stationery,  printing,  advertising,  fuel  and  liglits, 
unless  the  same  shall  be  expressly  authorized,  and  pro- 
vision therefor  made  as  a  separate  county  or  city  charge 
by  the  Board  of  Supervisors  for  the  county,  or  the  joint 
Board  of  the  Supervisors  and  Aldermen  of  the  city  of 
Brooklyn,  within  which  the  expenditure  becomes  neces- 
sary. 

§  29,  The  treasurer  of  the  Board  of  Police  shall,  before 
entering  upon  the  duties  of  his  office,  execute  a  bond  by 
himself,  together  with  sufficient  sureties,  not  less  than  two, 
in  a  penalty  of  fifty  thousand  dollars  to  the  people  of  the 
the  state  of  New  York,  conditioned  for  the  faithful  perform- 
ance of  his  duties;  the  sureties  to  justify  before  a  Justice 
of  the  Supreme  Court  of  the  first  or  second  judicial  dis- 
trict. This  bond  shall  be  approved  by  the  Comptroller 
of  the  state  of  New  York,  and  shall  bo  filed  in  the  office 
of  said  Comptroller.  Whenever  any  of  its  conditions 
shall  be  violated,  the  said  bond  may  be  sued  upon  by  the 
Attorney-General  of  the  state,  and  the  proceeds  of  suit 
paid  to  the  credit  of  the  Police  Fund,  provided  by  section 
twenty  seven. 

§  30.  The  Board  of  Police  shall  require  and  make  suit- 
able provisions  respecting  security  to  be  entered  into  by 
the  general  and  de()uty  superintendents  of  police,  and  by 
the  inspectors  of  police,  and  for  the  taking  by  members  of 
the  police  force  of  an  oath  of  office,  and  the  registry  of 
the  same  in  a  book  to  be  kept  for  that  purpose  by  the 
Board  of  Police,  wliich  oath  of  office  may  be  taken  before 
any  commissioner  of  police,  who  is  hereby  empowered  to 
administer  and  receive  the  same. 


(Doc.  No.  9 


§  31  From  and  after  the  first  mcctinpj  of  the  Board  of 
Police,  under  the  provisions  of  this  act,  it  shall  possess 
all  the  power  and  authority  heretofore  conferred  by  law 
upon  the  Board  of  Commissioners  of  Police  ol  the  city  of 
New  York,  or  upon  the  Mayor,  Recorder,  and  City  Jiidfi;G 
of  said  city  as  Police  Commissioners,  or  upon  tlic  Mayors 
of  New  York  and  Brooklyn  respectively,  as  the  heads 
therein  of  the  respective  police  departments  of  those 
cities,  or  upon  the  Aldermen  of  the  city  of  Brooklyn, 
which  power  and  authority  shall  relate  to  or  in  any  way 
be  connected  with  the  police  ^^overnment,  police  appoint- 
ments, or  police  discipline  within  either  of  said  cities,  or 
wiihin  the  counties  of  Kings  and  New  York;  and  from 
and  after  the  said  first  meeting  of  the  Board  of  Police 
of  ''The  Metropolitan  Police  District,"  the  duty  and 
authority  and  power  of  each  and  all  of  the  aforemen- 
tioned officers  in  relation  to  police  government,  nppoint- 
ment  and  discipline  shall  wholly  cease,  and  rest,  as  afore- 
said, in  the  said  Board  of  Police  constituted  by  this  act, 
except  that  the  Mayors  of  Brooklyn  and  New  York  shall 
be,  with  the  commissioners,  members, ex  ofIicio,of  the  Board 
of  Police,  and  entitled  to  one  vote  each  at  every  session 
thereof,  when  present  at  its  meetings. 

§  32.  From  and  after  the  passage  of  this  act,  the  desig- 
nation of  Chief  of  Police  in  the  cities  of  New  York  and 
Brooklyn  shall  be,  respectively.  Deputy  Superintendents  of 
Police,  and  the  persons  filling  the  first-mentioned  otlices 
shall  continue,  under  their  new  name,  to  discharge,  as  be- 
fore, the  duties  of  heads  of  the  })olicc  department  in  the 
said  res[>cctive  cities,  but  only  until  a  General  Superin- 
tendent of  Police  siiall  be  elected  and  ap[)()int«id  by  the 
Board  of  Police,  from  and  after  which  they  siiali  discharge 


Doc.  No.  9.) 


174 


duty,  respectively,  as  his  deputies.  From  and  after  the 
passage  of  this  act,  captains  of  police  in  New  Fork  and 
Brooklyn  shall  be  designated  as  inspectors  or  captains  of 
police;  lieutenants  and  assistant  captains  of  police,  in  said 
cities,  shall  be  designated  sergeants  of  police,  and  perform 
duty  concurrently  with  the  sergeants  then  in  office,  until 
the  Board  shall  regulate  the  proper  number  of  such  ser- 
geants according  to  the  terms  of  this  act;  and  policemen 
sliall  be  designated  patrolmen.  The  present  wards  of 
the  said  cities  shall  be  police  precincts  within  "  The  Me- 
tropolitan Police  District''  until  new  ones  are  made  by 
the  Board  of  Police.  The  police  in  the  cities  of  New  York 
and  Brooklyn,  officers  and  patrolmen,  shall  continue  to 
do  duty  under  existing  laws,  at  the  passage  of  this  act, 
and  according  to  the  regulations  of  the  departments  of 
New  York  and  Brooklyn,  until  after  the  first  meeting  of 
the  Board  of  Police,  under  this  act,  when  the  said  police 
shall  hold  office  and  do  duty  under  the  provisions  of  the 
act  hereby  enacted,  and  as  members  of  the  police  force  of 
"  The  Metropolitan  Police  District"  hereby  constituted. 

§  33.  The  Board  of  Police  shall  remove  from  office  any 
one  of  the  present  members  of  the  police  departments  of 
New  York  or  Brooklyn,  not  possessed  of  the  qualifica- 
tions set  forth  in  section  seven  of  this  act,  but  shall  pro- 
ceed in  the  manner  prescribed  in  the  seventh  section  of 
this  act. 

§  34.  The  General  Superintendent  of  Police  shall  make, 
to  the  Board  of  Police,  quarterly  reports  in  writing,  of  the 
state  of  "  The  Metropolitan  Police  District,"  with  such 
statistics  and  suggestions  as  he  may  deem  advisable  for 
the  improvement  of  the  police  government  and  discipline 
of  said  district.    The  Board  of  Police  shall,  on  or  before 


1T5 


(Doc.  No.  9. 


the  first  iMonday  in  Dccenroer  in  each  year,  report  in  writ- 
ing tlij  condition  of  the  police  witliin  the  said  police  dis- 
trict to  the  Governor  of  the  state. 

§  S.').  All  statutes,  parts  of  statutes  and  pr(jvisions  of 
law  inconsistent  with  the  provisions  of  lliis  act  arc  here- 
by repealed,  together  with  all  modes  and  qualitications  of 
appointment  to  oflicc,  as  members  of  police  departments 
or  of  elections  to  office  therein,  inconsistent  with  the  pro. 
visions  of  this  act,  whether  such  statutes,  provisions,  and 
modes  and  qualifications  relate  to  the  city  of  Brooklyn  or 
to  the  county  of  Kings,  or  to  the  city  and  county  of  New 
York. 

§  35.  Whenever,  in  any  statute  not  inconsistent  with 
this  act,  the  words  chief  of  police  shall  occur,  it  shall  bo 
taken  to  mean  general  superintendent  of  police;  in  lik3 
manner  the  words  captain  of  police  shall  be  dteraed  to 
mean  inspector  or  captain  of  police;  in  like  manner  the 
vords  lieutenant  or  assistant  captains  of  police  shall  be 
taken  to  mean  sergeants  of  police;  and  the  words  police- 
men and  patrolmen  shall  be  identical  in  meaning  in  any 
act  not  repealed  by  this  act. 

State  of  New  York,  j 

SccretAiry's  Office.  j  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  the  same  to  be  a  correct  transcript  therefrom,  and 
of  ihe  whole  of  said  original  law. 

Given  under  i:iy  hand  and  seal  of  office, 
[l.  s.]       at  the  city  of  Albany,  in  the  year  ono 
thousand  eiglit  hnn<lred  and  fifty-seven. 

N.  P.  STANTON, 

Dep.  Sec.  of  S(a£e, 


AN  ACT 


AUTHORIZING  THE  MAYOR,  ALDERMEN  AND  COMMONALTY  OP 
THE  CITY  OP  NEW  YORK,  TO  ERECT  A  NEW  CITY  HALL  IN 
SAID  CITY,  RAISE  MONEY  BY  LOAN  FOR  THAT  PURPOSE, 
AND  TO  APPOINT  COMMISSIONERS  FOR  THAT  PURPOSE. 

Passed  April  iTth,  1857,  tlirce  fifths  being  present. 

The  People  of  t'<e  State,  of  JYew  York,  represented  in  Senate 
and  Assembly^  do  1 71  act  as  follows: 

Sec.  1.  Ricliard  M.  Blatcbford,  Gustavus  A.  CoDOvcr, 
Eobei  t  Emmet.  Edwin  D.  Morj^an,  Henry  Erasson,  are 
hereby  appoijjtcd  Commissioners  of  the  new  City  Hall,  ia 
the  city  of  New  York,  and  all  vacancies  which  may  occur 
among  the  said  commissioners  shall  be  filled  by  the  Com- 
mon Council. 

§2.  It  shall  be  the  duty  of  the  said  commissioners  to 
direct  and  superintend  the  erection  of  a  new  City  Hall,  in 
the  city  of  New  York,  upon  that  portion  of  the  Park  lying 
on  the  rear  of  the  present  City  Hall,  bounded  by  Broad- 
way, Chambers  and  Centre  streets,  or  so  much  thereof  as 
may  bo  found  necessary.  But  before  deciding  on  any 
plans  or  specifications,  it  shall  be  their  duty  to  offer  to 
the  proper  auihorities  of  the  United  States  government, 
to  conform  any  portion  of  the  interior  plans  of  said  build- 
ing to  the  purpose  of  a  pnst-oflice,  and  the  accommodation 
of  the  courts  of  the  United  States,  and  to  convey  to  the 
United  States  government  the  portion  of  ground  covered 


177 


(Doc.  No.  0. 


by  said  building  so  occupied.  And  the  Mayor,  Aldermen 
and  Commonalty  of  the  city  of  New  York  are  hereby 
authorized  and  ctnpowered  to  make  conveyance  l)y  deed 
of  grant  or  lease,  of  any  portion  of  the  Park  to  the  gov- 
ernmeni  of  the  United  States,  for  the  erection  thereon,  at 
the  expense  of  the  said  government,  of  such  building,  for 
the  purposes  of  a  post-office,  or  accommodation  for  the 
Courts  of  the  United  States  held  in  said  city,  and  for  the 
officers  attached  to  said  courts,  upon  being  duly  compen- 
sated for  the  same,  and  in  case  of  such  conveyance  by  the 
city,  the  jurisdiction  of  the  state  of  New  York  over  said 
ground  shall  be  hereby  released  to  the  government  of  the 
United  States  for  such  purposes,  reserving,  however,  to 
the  state  of  New  York,  concurrent  jurisdiction  relative  to 
all  civil  and  criminal  processes. 

§  B.  The  said  commissioners  shall  have  power  to  decide 
upon  the  plans  and  specifications,  to  advertise  for  and  re- 
ceive proposals,  to  make  contracts,  and  to  do  all  and 
every  thing  necessary  to  the  building  and  completion  of 
the  same,  under  the  provisions  of  this  act. 

§  4.  The  said  commissioners  shall  have  full  power  to 
employ  architects,  engineers,  superintendents,  clerks,  and 
Buch  other  necessary  assistants  as  may  be  required  for  the 
construction  of  the  said  City  Ilall,  the  compensation  of 
such  architects,  engineers,  superintendents,  clerks  and 
assistants,  to  be  fixed  by  the  commissioners,  by  and  with 
the  consent  of  the  Common  Council.  The  said  commis- 
sioners shall  receive  as  compensation,  not  excccding^ 
five  dollars  per  day,  for  each  day's  actual  attendance 
on  their  duties,  to  be  certified  to  the  Comptroller  under 
oath. 

12 


Doc.  No.  9.) 


178 


§  5.  The  provisions  of  all  acts  applicable  to  con- 
tracts of  the  said  Mayor,  Aldermen  and  Commonalty  re- 
quiring appropriations  of  money  to  fulfill  the  same,  are 
hereby  declared  applicable  to  the  contracts  to  be  made  by 
the  said  commissioners  so  far  as  the  same  are  not  incon- 
sistent with  this  act.  The  contracts  entered  into  by  the 
said  commissioners  on  behalf  of  the  said  Mayor,  Alder- 
men and  Commonalty  shall  be  filed  in  the  office  of  the 
Comptroller  ^yithin  ten  days  after  the  same  shall  be 
executed. 

§  6.  The  said  commissioners  shall  keep  full  minutes  of 
their  proceedings,  which  shall  be  filed  in  the  ofiice  of  the 
Clerk  of  the  Common  Council  of  tl}e  city  of  New  York, 
within  ninety  days  after  the  said  new  City  Hall  shall  be 
fully  completed. 

§  7.  It  shall  be  lawful  for  the  said  Mayor,  Aldermen  and 
Commonalty  to  raise  by  law,  from  time  to  time,  and  in  such 
amounts  as  they  may  think  fit,  a  sum  not  exceeding  two 
millions  of  dollars,  by  the  creation  of  a  public  stock,  to  be 
called  "  New  City  Hall  Stock  of  the  city  of  New  York," 
which  shall  be  redeemable  in  the  year  one  thousand  eight 
hundred  and  seventy-five,  out  of  the  Sinking  Fund  of  the 
said  city  of  New  York,  and  shall  bear  an  interest  not  ex- 
ceeding six  per  cent,  per  annum. 

§  8.  It  shall  be  lawful  for  the  said  Mayor,  Aldermen 
and  Commonalty  to  determine  what  shall  be  the  nominal 
amount  or  value  of  each  share  of  the  said  stock,  and  of 
what  number  of  shares  the  same  shall  consist,  and  the 
commissioners  are  hereby  authorized  to  sell  and  dispose 
of  such  shares  at  public  auction,  and  to  issue  certificates 
therefor  on  such  terms  as  they  shall  think  proper,  provided 


179 


(Doc.  No.  9. 


that  the  stock  shall  not  be  sold  at  less  than  its  par 
value. 

§  9.  The  provisions  of  the  act  entitled  "an  act  to  reg- 
ulate the  finances  of  the  city  of  New  York,"  passed  June 
eighth,  eighteen  hundred  and  twelve,  which  are  not  repug- 
nant to,  or  incompatible  with,  any  provisions  in  tliis  act 
contained,  shall  apply  to  said  stock. 

§  10.  It  shall  be  lawful  for  the  Supervisors  of  the  city 
and  county  of  New  York,  to  order  and  cause  to  be  raised 
by  tax  on  all  property  subject  to  taxation  within  said  city 
and  county,  in  addition  to  the  ordinary  taxes,  yearly,  and 
every  year,  a  sum  of  money  sufficient  to  pay  the  interest 
annually  accruing  on  said  stock. 

§  11.  The  moneys  to  be  raised  by  virtue  of  this  act 
shall  be  applied  to  the  erection  and  completion  of  a  new 
City  Hail  in  said  city  of  New  York,  and  to  no  otlier  pur- 
pose whatsoever. 

§  12.  The  commissioners  appointed  under  this  act  shall 
not  be  directly  or  indirectly  interested  in  the  plans  and 
specifications  for  said  Imihling,  or  in  any  contract  for 
work  to  be  done  or  materials  to  be  furnished  therefor, 
and  said  commissioners,  or  either  of  them,  for  any  violation 
of  the  provisions  of  this  act,  may  be  removed  by  tho 
Mayor,  by  and  with  the  approval  of  the  Board  of  Alder- 
men. 

§  13.  This  act  shall  take  effect  immediately. 

State  op  New  York,  ) 

Secretary's  Office.  J  I  have  compared  the  preced- 
ing witli  the  original  law  on  file  in  this  ofl5ce,  and  do  licre- 


Doc.  No.  9.) 


180 


by  certify  that  the  same  is  a  correct  transcript  therefrom 
and  of  the  wholo  of  said  original  law* 

Given  under  my  hand  and  seal  of  office, 
at  the  city  of  Albany,  this  first  day  of 
[l.  s.]     May  in  the  year  one  thousand  eight 
hundred  and  fifty-seven. 

N.  P.  STANTOX, 
Dep,  Secretary  of  State, 


AN  ACT 


TO  REGULATE  THE  USE  OF  THE  SLIPS  AND  WHARVES  OF  THQ 
CITY^OF  NEW  YORK,  BETWEEN  PIERS  NUMBER  TWO  AND  NUM- 
BER TWELVE,  EAST  RIVER. 

Passed  April  13,  1857. 

The  People  of  the  State  of  JVew  York,  represented  in  Senate 
and  Jissemhly^  do  enact  as  follozvs: 

Sec.  1.  All  that  part  of  the  water  adjacent  to  the 
wharves  of  the  city  of  New  York,  from  the  east  side  of 
pier  number  two  to  and  including  the  east  side  of  pier 
number  nine,  East  river,  shall  hereafter,  from  the  twen- 
tieth day  of  March  to  the  twentieth  day  of  December  in 
each  and  every  year,  be  set  apart,  kept  and  reserved,  to 
the  extent  specified  in  this  act,  for  the  use  and  accommo- 
dation of  canal  boats  and  barges  engaged  in  the  business 
of  transporting  property  on  the  Hudson  river  or  coming 
to  tide  water  from  the  canals  of  the  state,  arriving  in  said 
city  from  the  city  of  Albany,  or  any  port  or  place  north 
or  west  thereof,  and  barges  transporting  property  to  and 
from  the  termini  of  the  New  York  and  Erie,  New  York 
Central  and  Hudson  Lliver  Railroads,  and  that  piers  num- 
bers ten,  eleven, and  the  west  side  of  pier  number  twelve, 
East  river,  inclusive,  shall  hereafter  be  set  apart,  kept, 
and  reserved  for  the  use  and  accommodation  of  the  regu- 
lar packet  lines  of  sailing  vessels,  propellers  and  barges, 
now  occupying  berths  on  piers  nine,  ten,  eleven,  and  the 
west  side  of  pier  twelve,  and  running  to  and  from  tho 
following  ports,  to  wit:  Boston,  Massachusetts;  Ports- 


Doc.  No.  ©.) 


182 


mouth,  New  Hampshire;  Philadelphia,  via  the  Delaware 
and  Raritan  Canal;  Wilmington,  North  Carolina;  Savan- 
nah, Georgia;  Charleston,  South  Carolina;  Apalachicola, 
Florida;  Mobile,  Alabama;  New  Orleans,  Louisiana,  and 
Matagorda,  Texas. 

§2.  It  shall  be  the  duty  of  the  Harbor  Masters  or 
other  officer  or  officers  of  said  city,  who  are  now  or  here- 
after shall  be,  empowered  by  law  or  byany  ordinance  of 
Baid  city,  to  regulate  and  station  ships  and  vessels  in  the 
harbor  of  said  city,  and  Ihey  shall  have  power  to  prohibit 
and  prevent  all  other  boats,  ships  and  vessels  from  enter- 
ing any  of  the  slips,  or  approaching,  or  lying  at  any  of 
the  wharves  between  the  piers  named  in  the  preceding 
section,  daring  the  period  therein  specified,  when  such 
slips  and  wharves  shall  be  required  for  the  use  and  ac- 
commodation of  the  vessels,  boats  and  barges  mentioned 
in  said  section.  In  case  any  boat,  ship  or  vessel,  not  en- 
titled, according  to  the  provisions  of  this  act,  to  use  said 
waters,  shall  have  entered  any  of  said  slips,  or  shall  be 
lying  at  any  of  said  wharves  during  the  period  aforesaid 
when  such  slip  or  wharf  shall  be  needed  or  required  for 
the  use  or  accommodation  of  any  of  the  vessels,  boats  or 
barges,  specified  in  the  pr^eding  section,  it  shall  be  the 
duty  of  the  said  Harbor  Masters,  or  other  officer  or  officers, 
and  they  shall  have  power  forthwith  to  remove  such  boat, 
ship  or  vessel  from  s-lSh  slip  or  wharf,  so  far  as  may  be 
necessary  to  accommodate  the  vessels,  boats  and  barges, 
entitled  as  aforesaid  to  the  use  of  said  slips  or  wharf. 

§  3.  Any  person  resisting  or  refusing,  or  neglecting  to 
comply  with  any  order  or  direction  of  any  harbor  mas- 
ter or  other  officer,  given  in  pursuance  of  this  act,  in  rela- 


183 


(Hoc.  No.  9. 


tion  to  any  boat,  ship  or  vessel,  under  the  eommaiul  or 
control  of  such  person,  and  any  person  whatever  who 
shall  resist  or  oppose  any  liarbor  master,  or  other  oflicer 
in  the  performance  of  tlic  duties  of  his  oflicc,  under  this 
act,  shall,  for  every  such  offence,  forfeit  and  pay  the  sum 
of  fifty  dollars,  to  be  recovered,  collected  and  applied  in 
the  manner  ])rovided  for  the  recovery  and  application  of 
the  penalties  imposed  and  specified  in  the  tliird  section  of 
the  act  entitled  "  An  act  relatinj^  to  the  Flarbor  Masters 
of  the  port  of  New  York,"  passed  March  sixteenth, 
eighteen  hundred  and  fifty. 

§  4.  Nothing  herein  contained  shall  be  construed  to 
take  away,  or  in  any  respect  impair  the  right  of  the  owner 
or  lessee  of  any  wharf,  slip  or  pier  mentioned  in  this  act 
from  demanding,  collecting  and  receiving  the  usual  and 
legal  rates  of  wharfage,  for  all  boat.-^,  ships  and  vessels 
using  or  occupying  said  wharves,  ships  and  piers,  nor  shall 
any  thing  herein  be  construed  to  prevent  the  free  use  of 
the  waters  and  wharves  specified  in  the  preceding  section, 
when  such  waters  and  wharves  are  not  required  for  the 
use  and  accommodation  of  the  vessels,  boats  and  barges 
described  in  said  first  section,  nor  to  be  construed  so  as  to 
prevent  any  vessel  from  hauling  along  side  of  any  vessel , 
barge  or  canal  boat  to  land  cargo  and  receive  cargo,  or 
from  laying  along  side  of  such  vessel,  boat  or  barge  a  suf- 
ficient length  of  time  to  tra  cargo  with  nil  reasonable 
dispatch,  nor  shall  any  tiling  herein  contained  bo  so  con- 
strued as  U)  disturb  or  interfere  with  any  existing  rights 
of  occupancy  granted  by  ordinances  or  resolution  of  the 
Mayor  and  Common  Council  of  the  city  of  New  York,  in 
favor  of  any  of  the  lines  of  river  barges  or  canal  boats 
aforesaid. 


Doc.  No.  9.) 


184 


f  8.  This  act  shall  take  effect  immediately. 

State  op  New  York,  ) 

Secretary's  Office.      J    I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom,  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the 
city  of  Albany,  the  first  day  of  May,  in  the 
[L.S.]         year  one  thousand  eight  hundred  and  fifty- 
seven. 


N.  P.  STANTON, 

Dfp.  Secretary  of  State, 


AN  ACT 


RELATiNG  TO  THE  BOARD  OF  SUPERVISORS  OP  THE  CITY  OF 
NEW  YORK. 

Passed  April  15,  1857,  three  lifths  being  present. 

Tke  People  of  the  State  of  JS^eiv  York,  represented  in  Senate 
and  Jlssemb/y,  do  enact  as  follows: 

Sec.  1.  The  Mayor  and  Recorder  of  the  city  of  New 
York  shall  cease  to  be  members  of  the  Board  of  Super- 
visors of  the  county  of  New  York.  There  shall  be  voted 
for,  at  each  and  every  charter  election  hereafter  to  be  held 
in  the  city  of  New  York,  twelve  Supervisors,  who  shall, 
to»^ether,  compose  the  Board  o(  Supervisors  of  the  county 
of  New  York,  and  hold  office  for  one  year  from  the  first 
of  January  in  each  and  every  year  hereafter.  They  shall 
be  voted  for  upon  a  separate  general  ticket,  but  only  six 
names  for  Supervisors  shall  be  upon  one  ticket.  Tjie  six 
persons  receiving  the  highest  number  of  votes  shall  be 
declared  elected  by  the  Board  of  City  Canvassers,  who 
shall  canvass  the  votes  in  the  same  manner  as  they  arc  re- 
quired to  canvass  votes  for  charier  officers;  and  all  the 
provisions  of  law  relating  to  election  of  charter  officers 
are  hereby  applied  to  the  election  of  Supervisors.  On  or 
before  the  twenty-fourth  day  of  December,  in  each  and 
every  year  succeeding  the  charter  election,  the  Mayor  of 
the  city  shall  appoint,  as  Supervisors,  the  six  persons  re- 
ceiving severally  the  highest  number  of  votes  next  to  the 
votes  received  by  the  six  Supervisors  having  the  return 
of  the  Board  of  City  Canvassers. 


Doc.  N©.  9.) 


§  2.  The  vote  of  a  majority  of  all  the  members  elected 
to  the  Board  of  Supervisors  shall  be  necessary  to  pass  any 
act,  ordinance  or  resolution  appropriating  money;  and 
every  act,  ordinance  or  resolution  which  shall  have  passed 
the  said  Board  of  Supervisors,  except  such  as  levy  any 
special  tax  ov  taxes,  before  it  shall  take  effect,  shall  be 
presented,  duly  certified  to  the  Mayor  of  the  city  of  New- 
York,  for  his  approval.  If  he  approve,  he  shall  sign  it; 
if  not,  he  shall  return  it,  with  his  objections,  to  the  Board, 
within  ten  days  thereafter,  or  if  said  Board  be  not  in 
session,  at  its  next  meeting  after  that  period.  The  Board 
shall  enter  the  objections  at  large  on  their  journal,  and 
cause  the  same  to  be  published  in  one  or  more  of  the  daily 
newspapers  of  the  city  of  New  York. 

§  3.  The  Board  shall,  after  the  expiration  of  not  less 
than  ten  days  thereafter,  proceed  to  reconsider  the  same; 
and  such  act,  resolution  or  ordinance,  if  approved  by  a 
majority  of  all  the  members  elected  to  the  Board,  shall 
thereupon  take  effect.  In  all  such  cases,  the.  votes  of  the 
Board  shall  be  determined  by  the  ayes  and  noes,  and  the 
names  of  the  persons  voting  for  and  against  its  passage, 
shall  be  entered  on  the  journal  of  the  Board. 

§  4.  If  the  Mayoi-  shall  not  return  any  act,  resolution 
or  ordinance  so  presented  to  him,  within  the  time  above 
limited  for  th-«t  purpose,  it  shall  take  effect  in  the  same 
manner  as  if  he  had  signed  it. 

§  5.  No  money  shall  be  drawn  fiom  the  treasury,  ex- 
cept the  same  shall  have  been  previously  appropriated  to 
the  purpose  for  which  it  is  drawn;  and  no  expense  shall 
be  incurred,  whether  it  shall  have  been  ordered  by  the 
Board  or  not,  unless  an  appropriation  of  money,  then  in 


187 


(Doc.  No.  ^ 


the  treasury,  sufficient  to  cover  such  expense,  shall  have 
been  previously  made. 

§  6.  The  Finance  Departiuent  of  the  Mayor,  AlderniCQ 
and  Commonalty  of  tlie  city  of  New  York,  and  its  officora, 
shall  have  the  like  power,  and  perform  the  like  duties,  in 
regard  to  the  fiscal  concerns  of  said  Board,  as  they  pos- 
sess in  regard  to  the  local  concerns  of  the  said  ^Mayor, 
Aldermen  and  Commonalty.  All  moneys  drawn  from  the 
treasury,  hy  authority  of  the  Board  of  Supervisors,  shall 
be  upon  vouchers  for  the  expenditure  thereof,  examined 
and  allowed  by  the  Auditor,  and  approved  by  the  Comp- 
troller; and  no  such  moneys  shall  be  drawn  therefrom, 
except  on  the  warrant  drawn  by  the  Comptroller,  and 
countersigned  by  the  Mayor  and  Clerk  of  the  Board,  and 
no  other  warrant  shall  be  necessary  for  such  purpose. 

§  7.  No  allowance  or  payment,  beyond  legal  claims, 
shall  ever  be  allowed  by  the  Board. 

§  8.  The  members  of  the  Board  of  Supervisors,  when- 
ever attending  as  members  of  the  Board  of  County  Can- 
vassers, shall  not  receive  compensation  for  a  greater  pe- 
riod than  ten  days,  for  canvassing  the  votes  of  any  election; 
nor  shall  any  person  receive  any  compensation  for  services 
as  a  Supervisor  of  the  said  county  of  New  York. 

§  9.  The  Counsel  to  the  Corporation  of  the  city  of  New 
York  shall  be  the  lescal  adviser  of  ihe  said  Board  of  Su- 
pervisors,  and  shall  receive  such  compensation  for  bis 
services  as  shall  be  fixed  by  said  Board,  not  exceeding 
the  sum  of  two  thousand  dollars  per  annum. 

§  10.  This  act  shall  take  effect  immediately. 


Doc.  N<».  9.) 


188 


State  of  New  York,  ) 

)^Secretary^s  Office.  ]  I  have  compared  the  preceding 
with  the  original  law  on  file  in  this  office,  and  do  hereby 
certify  that  the  same  is  a  correct  transcript  therefrom  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the  city 
[l,  s.]     of  Albany,  the  first  day  of  May,  in  the  year 
one  thousand  eight  hundred  and  fifty-seven. 

N.  P.  STANTON, 

Dep*  Secretary  of  State* 


AN  ACT 


TO  AUTHOUIZE  THE  SECOND  AVENUE  RAILROAD  COMPANY  OF 
THE  CITY  OF  NEW  YORK  TO  DISCONTINUE  A  PORTION  OP 
THEIR  TRACKS,  AND  TO  CONSTRUCT  NEW  TRACKS. 

Passed  April  15,  1857. 

The  People  of  the  State  cf  JVeio  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Sec.  1.  The  Second  Avenue  Railroad  Company  of  the 
city  of  New  York,  are  hereby  authorized  to  discontinue 
the  use  of  that  portion  of  the  tracks  of  their  railroad, 
commencing  in  Chatham  square,  and  running  through 
Oliver  street  and  South  street  to  Peck  slip. 

§  2.  The  saiti  company  are  hereby  authorized  to  ex« 
tend  and  construct  their  said  road,  with  a  single  or  double 
track,  through  that  part  of  the  Bowery  extending  from 
Chatham  square  to  Pearl  street,  and  thence  through  Pearl 
street  to  Peck  slip,  and  thence  through  Peck  slip  to  South 
street,  together  with  the  necessary  turn-outs  or  switches 
in  Peck  slip,  for  the  convenient  operation  and  working  of 
said  railroad. 

§  3.  This  act  shall  take  cfFcct  immediately. 

Statk  of  New  York,  ) 

Secretary's  Office.    ^     I  have  compared  the  preceding 

with  the  original  law  on  file  in  this  officOj  and  do  hereby 


Doc.  No.  9.) 


190 


certify  that  the  same  is  a  correct  transcript  therefrom,  and 
of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the 
city  of  Albany,  this  first  day  of  May,  in  the 
[l.  s»]     year  one  thousand  eight  hundred  and  fifty, 
seven. 

N.  P.  STANTON, 

Dep,  Secretary  of  State* 


AN  ACT 


IN  RELATION  TO  THE  ELECTION  OF  CERTAIN  JUDICIAL  OFFI- 
CERS IN  THE  CITY  AND  COUNTY  OF  NE\V  YORK. 

Passed  April  18,  1857. 

Tke  People  of  the  State  of  JVcw  York,  represented  in  Senate 
and  Asserahly,  do  enact  as  foUoics: 

Sec.  1.  The  Justices  of  the  District  Courts  and  the 
Police  Justices  of  the  cit}'  and  county  of  New  York, 
shall  hereafter  be  elected  on  tlie  first  Tuesday  of  Decem- 
ber precedini?  the  expiration  of  their  respective  terms  of 
office,  at  the  same  time  with  the  election  of  charter  oflicers 
for  the  said  city. 

^  2.  This  act  shall  take  effect  immediately. 

State  of  New  York,  ) 

Secretary's  Office.     \     I  have  compared  tjic  preceding 

with  the  original  law  on  file  in  this  office,  and  do  hereby 

certify  that  the  same  is  a  correct  transcript  therefrom  and 

of  the  whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office  at 
the  city  of  Albany,  this  first  day  May, 
[l.  S.J        in  the  year  one  thousand  eight  hundred 
and  fifty-seven. 

N.  P.  STANTON, 

Dep.  Secretary  of  State, 


INDEX. 


Ah  Act— 

to  reduce  tha  several  acts  relatirg  to  the  District  Courts  in  the  oity  of 

New  York,iDi;o  one  act  ,   I 

in  relation  to  Party  Walls  in  the  city  of  New  York   8S 

to  amend  the  Charter  of  the  c;tj  of  New  York   85 

to  amend  an  act  entitled  "  An  act  farther  to  amend  the  acts  in  relation 
to  Insurances  on  Property  in  this  State  made  by  individuals  and  asso- 
ciations, unauthorized  by  law."   64 

to  amend  an  act  ontitled.    An  act  to  alter  the  map  of  the  city  of  New 

York,  by  laying  out  thereon  a  public  place."   71 

to  alter  or  amend  the  map  or  plan  of  the  city  of  New  York  so  as  to  close 

Bloomirgdalc  square,  in  said  city   T8 

to  amend  an  act  entitled  "An  Act  to  authorize  the  Mayor,  &c.  to  bor- 
row five  hundred  thousand  dollars  for  the  ptirpose  of  building  a  new 
Reservoir,  &c  ,  and  to  enable  the  said  corporation  to  borrow,  for  the 

same  purpose,  the  further  sura  of  $1, 103,000."   76 

for  tho  Regulation  and  Government  of  the  Central  Park   77 

to  provide  a  more  certain  canvass  and  estimate  of  votes  at  each  election 

in  the  cities  of  New  York  and  Brooklyn  -  83 

to  amend  the  Pilot  Laws,  passed  June  28,  1853   87 

In  relation  to  the  Marine  Court  in  the  city  of  New  York   90 

in  relation  to  the  Salaries  of  the  Officers  of  the  Croton  Aqueduct  Board. .  93 

to  enable  the  Supervisors  to  raise  money  by  tax   94 

to  legalize  certain  action  of  the  Board  of  Supervisors   99 

to  legalize  certain  action  of  the  Board  of  Supervisors   100 

in  relation  to  Assessments  in  the  city  of  New  York   101 

to  suppress  intemperance,  and  to  regulate  the  sale  of  intoxicating  liquors  110 
to  provide  for  the  appointment  of  a  commission  to  secure  the  more  perfect 

establishment',  &e.,  of  Common  Schools  in  the  city  of  New  York   125 

relative  to  Stage  Routes  in  the  city  of  New  York   127 

to  legalize  the  action  of  the  Board  of  Supervisors  in  relation  to  the  paint- 
ing and  graining  of  the  rooms  of  the  Superior  Court   129 

to  legalize  certain  action  of  the  Board  of  Supervisors   131 

authorizing  the  Mayor,  &c.  to  widen  Broadway  or  Bloomingdale  road, 

between  Fifty  seventh  and  Fifty-ninth  streets   132 

to  provide  payment  for  cortain  articles  furnished  apd  services  performed 
for  the  city,  and  to  legalize  the  action  of  the  B^m  df  Supervisors. .. .  134 

in  relation  to  the  opening  of  the  Second  avenue   136 

in  relation  to  the  Coles'  or  Harlem  bridge,  at  tho  terminus  of  Third  av. .  133 
to  confirm  and  legalize  the  resolution  of  the  Common  Council,  providing 

for  the  Avideiiing  of  Battery  place   141 

to  establish  Bulkhead  and  Pier  lines  for  tho  port  of  New  York   143 

to  enable  tho  Supervisors  to  raise  money  by  tax   147 

to  legalize  the  action  of  tho  Board  of  Supervisors,  providing  payment  for 
cortain  surveying  and  mapping  performed  for  the  city  of  New  York. . .  148 

to  establish  a  Metropolitan  Police  district   150 

authorizing  the  Maj-yr,  &;c.,  to  erect  a  new  City  Hall   176 

to  regulate  the  use  of  tho  Slips,  &c.,  between  piers  Nos.  2  and  12,  E.  R.  181 

relating  to  the  Board  of  Supervisors  of  tho  city  of  New  York  185 

to  authorize  the  Second  avenue  railroad  company  to  discontinue  a  por- 
tion of  thoir  ticcks,  and  to  construct  new  tracks  ,   1S9 

in  reiatioc  to  the  election  of  certain  Judicial  Officers  191 


